Evening star., 1945-08-31
SeIective Service Sees
Superseniority Ruling
As Vindicatinq Stand

Selective service had a court de-
cision behind it today to support
its contention that veteran of this
war is entitled to get his old job
even if he displaces a nonveteran
with more seniority.
The first court decision on super
seniority"-the right OF a veteran
to his old job regardless of the
greater seniority of nonveterans-
came yesterday when Brooklyn Fed
eral Court Juge Matthew T. Alb
ruzzo ruled that ANY day there was
work, the veteran was entitled tc
preference"
He said specifically that vet
eran was entitled to the job he held
before entering service even though
his rehiring might necessitate the
dismissal of worker whose senior
ity is greater.
Dropped in Slack Period.
The judge directed that Abraham
Fishgold, %. welder, be rehired
by Sullivan Dry Dock Co. of Brook
lyn. Mr.. Fishgold had been hired
by the company after his discharge
but he was "let out" the company
said, when work was slack. A nom
veteran with higher seniority was
retained
Judge AbruzSo ruled that allow
ing a nonveteran to work in this
case is a violation" of the Selective
Service Act.
A contract between the company
and the Industrial Union of Ma
rine and Shipbuilding Workers
(CIO) provides that seniority of re-
hired veterans should not supersede
seniority of nonveterans. The union
had been permitted to intervene in
the case as party defendant.
Commenting on the case, Clinton S
Golden, chairman of the CIO Vet
erans' Committee, said the decision
lis contrary to the union seniority
and industrial relations practices
well established through collective
bargaining"
Right Limited to Year.
This decision" warned Mr.. Gold
en-, can mean in many plants
wholesale discharge of employees not
veterans of this war. This would
tend to separate the veterans from
the rest of the population and
create artificial schisms. A national
antiveteran reaction could result"
At selective service headquarters,
Col. Emmett Solomon, chief of the
veterans personnel division, said
the decision plainly upholds the
position of selective service-that a
veterans right to employment for
one year cannot be affected by the
rights of other employees under pri-
vate contracts or collective bargain
ing agreements"
He said the decision also sustained
the selective service Interpretation
of the law that in the case of lay
offs, a veteran with a statutory
right to one years employment may
not be laid off so long as the vet
eran's job or one of like seniority
status and pay is available.
Similar Case Pending.
At the Justice Department, where
three unemployment problems are
under study-"superseniority," the
effect of closed shop agreements on
unemployment rights and the def
milton of "other than temporary
workers-an official said the de-
cision would be cited as precedence
in another case involving super
seniority"
The Justice official said as far as
he knew precisely the same issue
was involved in the case of a vet
eran laid off by the Nash Kelvin
ator Co., Lansing. Mich. That case
Is being handled by the United
States attorney in the Michigan dis
trict and the Justice Department
has been working on arguments for
use In the case, which is expected
to be argued next month.