Indianapolis Times, Indianapolis, Marion County, 14 March 1946 — Page 8

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— - re THURSDAY, MARCH 14 1948 | THURST DIFFER OM ISSUE| em rt TT — lay 1 OF JOB PRIORITY Ca AA aaa oll

3 they talk abo ; Ww dv, « Kindly cr Veterans ‘Super- Seniority’ oe ale vl 2 4 3 tes ET 3 ? °h WG 9 May Reach Supreme Court. : od : : PPE run os : k, ; ” hea ; us! By DOUGLAS SMITH of : | Vi. Je ii 00 uk Seripps-Howard Staff Writer - t M : are 3 3 Bs WASHINGTON, March 14.-—THe 9 io: D ie = roy supreme court obably will be ; A | Te o ; ; : sional soldier asked to decide one of the most g tonal idle controversial questions concerning 7 rans veterans of this war: Do they have : ernize LX an absolute right to their old jobs?| : Seady ge Two federal district courts have : i he RS held that veterans do have the he Lidl " a o right, even when {it requires the fir- Ww | co ol ing of a non-veteran of many years’ . | { | service. Two other courts have held that the veteran is entitled to full seniority on the job for his time in service, but no more. Now a higher court, the U. 8. Circuit Court of Appeals in New York, has upheld the limited seniority. It ruled that Abraham Fishgold, a welder, who was restoréd to his old job, is not entitled to damages from his employer who laid him off for two brief periods when work was available only for men with greater A seniority. Claims ‘Super-Seniority’ i

Mr. Fishgold claimed he had employment priority over a]l fellowworkers except other veterans. This is in line. with the declaration of Selective Service Chief Hershey that “a veteran is entitled to his old job back, period”—a theory that has come to be called “superseniority.” wr in It is assumed here that Mr. Fish- Ra : hdd gold will'ask the supreme court to FY review the ciruit court's decision. The New York court said, “Obviously the really important matter is that the question should reach the supreme court as soon as possible.” Meanwhile, selective service headE { | quarters is sticking by Gen. Her-| |shey’s original stand, that seniority | ] rules in a union contract shall not’ fo 0, : 5 ‘ Ter #1 | prevent a veteran from being re- | 5 y 3 5 8 ? # TI ) 3, 50) in stored to his job. i ’ Tih g an, ¥ : Re 16 Section Is Loosely Written | It has informed state directors iE | that “pending appeal to the su- | preme court, the selective service = system will continue to [rocess/ =| cases of veterans who have been, denied restoration to their Soin |

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2 | positions , , . and refer such cases E| to the appropriate United States attorneys where that action becomes necessary.” | At the root of the confusion is the loosely written Section 8 of the| Selective Service Act, which says| that a person who left a job to en-| ter the armed forces and re-applies| for the job is entitled to the same] job or one “of like seniority, status," and pay.” | Many small American businesses expanded greatly during the first two years of the draft and hired 4 ER Gy Ry : many young men later drafted. Now , ; iY i. : i many of those firms are smaller and : 3 h Voivn, i have fewer employees than they +3 a RR) » ¢ { | had during the war. way Sa : y wi ? Sometimes when veterans return 3 * : : : 5 : OS ume { (ALL Fi &| and demand their jobs it has be- ; if ; 4 | §| come necessary to discharge non- ’ : i € | veterans who had been working for the company before the war. Labor Unions Oppose It This situation aroused strong op- { position of labor unions. While pe ¥ 4 “a f ? ; A filled how unions agree that the veterans ss z i : a did hi ; . 8 | should have seniority credit for the foi a : J vy i liant white stones - £| time spent in service, they say that : ; : fF A i CLOCHE | is all they should have. The appellate court decision said that it was not likely in 1940, when A gently rolled jib Selontive Service Act was passed, 5 : ’ y ; at congress would have accepted : y hy : Bt J. iH \ 4 f ] bonnet trim; the a proposal “which gave industrial] * ; : ‘ : RQ perfect felt hat for priority, regardless of their length Spring! Red, rose, ¥ Cnployment, to MHNGSHEY sey ¢ —for the most part under ver copen, gray, lime, men in the 30's, 40's or 50's, who brown or black. had wives and children dependent Contrasting big upon them.” bow trim | The “super-senlority” question is { complicated further by the fact that =| the Sanille Service Act itself exi pires in May unless congress reAR Alabama at : news it. Without it or some new Vermont $t. | law, the veterans will have no right whatever to their old jobs so far as

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