Evening star., 1940-09-15

is inducted into the land or naval
forces under this act for training
and service shall be given a phys
lcal examination at the begin
ming of such training and service
and medical statement showing
any physical defects noted upon
such examination; and upon the
completion of his period of train
ing and service under section
Cbl, each such person shall be
given another physical examina-
ton and shall be given a medical
statement showing any injuries,
illnesses or disabilities suffered
by him during such period of
training and service.
tb) In the case of any such
person who, in order to perform
such training and service, has
left or leaves a position, other
than temporary position, in the
employ of any employer and who
ID receives such certificate. ~
is still qualified to perform the
duties of such position, and ~
makes application for re-employ-
ment within 40 days after he is
relieved from such training and
service
(A) If such position was in the
employ of the United States Gov
eminent, its Territories or pos
sessions, or the District of Co.
lumbia, such person shall be re-
stored to such position or to
position Of like seniority, status,
and pay;
(B) If such position was in the
employ of private employer,
such employer shall restore such
person to such position or to a
position of like seniority. status.
and pay unless the employers
circumstances have so changed
AS to make it impossible or un-
reasonable to do so:
Co If such position was in the
employ of any State or political
subdivision thereof, it is hereby
declared to be the sense of the
Congress that such person should
be restored to such position or to
position of like seniority, status,
and pay.
Persons Restored to Jobs
Won't Lose Seniority.
Cc) Any person who is restored
to position in accordance with
the provisions of paragraph (A)
or (B) of subsection tb) shall be
considered as having been on
furlough or leave of absence dur
ing his period of training and
service in the land or naval
forces, shall be so restored with
out loss of seniority, shall be en-
titled to participate in insurance
or other benefits offered by the
employer pursuant to established
rules and practices relating to
employees on furlough or leave of
absence in effect with the en-
ployer at the time such person
was inducted into such forces,
and shall not be discharged from
such position without cause with
in one year after such restoration.
Cd Section Co of the joint
resolution entitled Joint resolu-
ton to strengthen the common
defense and to authorize the
President to order members and
units of reserve components and
retired personnel of the Regular
Army into active military serv-
ice approved August q, 1910,
Is amended to read as follows:
"(c) Any person who is re-
stored to a position in accord
ance with the provisions of para
graph (A) or tB) of subsection
tb) shall be considered as hav-
ing been on furlough or leave of
absence during his period of his
active military service, shall be
so restored without loss of SEMI
ority, shall be entitled to partici-
pate in insurance or other bene-
fits offered by the employer pur-
suant to established rules and
practices relating to employees on
furlough or leave of absence in
effect with the employer at the
time such person was ordered
into such service, and shall not
be discharged from such posi-
ton without cause within one
year after such restoration"
(e) In case any private en-
ployer fails or refuses to comply
with the provisions of subsection
(b) or subsection Co, the district
court of the United States for
the district in which such pri-
vate employer maintains a place
of business shall have power,
upon the filing of a motion, petit
ton, or other appropriate plead
ing by the person entitled to the
benefits of such provisions, to
specifically require such employ
er to comply with such provisions,
and, as an incident thereto, to
compensate such person for any
loss of wages or benefits suffered
by reason of such employers un-
lawful action. The court shall
order a speedy hearing in any
such case and shall advance it
on the calendar. Upon applica-
ton to the United States district
attorney or comparable official
for the district in which such
private employer maintains a
place of business, by any person
claiming to be entitled to the