Evening star., 1945-09-01
Union 10 Ask Ruling
By Supreme Court on
Veterans Seniority


The union involved in the Brook
lyn court decision that veterans OF
the war jrst ended are entitled to
their old jobs regardless of the
greater seniority Of nonveterans will
appeal to the Supreme Court to
clarity the unemployment rights Of
returning servicemen.
John Green, president of the Ma
rine and Shipbuilding Workers, C1O,
told a news conference his union
will take the case directly to the
highest court in an effort to avert
further confusion over the status
of servicemen coming back to their
Jobs.
He said the union locals had been
advised to ignore the ruling and to
resist it's application through their
grievance committee.
Locals Told Not to Worry.
"We told our locals not to worry
about the decision" he said. I'VE
feel sure the Supreme Court will
throw it out"
The decision also brought renewed
demands for Congress to rephrase
the unemployment provisions OF the
Selective Service Act so that It's
meaning will be clear to every one.
Selective service officials, mean
while, insisted that seniority had
not been made a condition of re-
employment by Congress and that
ito say seniority is a condition Is
reading into the law something that
isn't there"
The returning servicemen aren't
going to like a lot of conditions, ;,
warned Col. Emmett Solomon, chief
of the veterans personnel division
of selective service. "Re-employ-
ment was covenant with the men
who left their jobs to go into the
service. Any supertechnical inter-
pretation which imposes conditions
not set out in the Selective Service
Act is not going to be understood
by them
Discharge Brought Test.
The court decision which preclpl-
tated the latest arguments about
"superseniority" involved a veteran
who was discharged when work was
slack after he had been reemployed.
A non-veteran with greater senior
ity was retained
The shipbuilding union, which
came into the case as a party de-
fendant, was told by Judge Matthew
It. Abruzzo of the Brooklyn Federal
Court that:
Congress intended that during
the one-year period of re-employ-
ment the veteran is entitled to work
on any day there is work to be given
and no non-veteran shall do that
work when any such work can be
done by a veteran"
Mr.. Green told news conference
that the shipbuilding industry, which
employed 100000 persons on the
dav Japan capitulated, would be re-
duced to half million by January l
and that there were more than that
number of former employees who
went into the armed forces.
Takes Issue With Court.
According to Judge Abruzzo' S
ruling. he declared, every worker
would be fired and replaced by a
veteran, but I'VE don't agree with 1t
and we don't think the serviceman
would agree with it."
Commenting on the decision.
James w. Cannon, general counsel
for the Veterans of Foreign Wars,
declared, There's trouble ahead
If the courts continue to hand down
such interpretations.
An American Legion spokesman
agreed that Congress should amend
the law at once so there can be
no doubt as to its meaning. But
he said the Legion will make nc
official statement until it has had q
chance to study the decision.
He told a reporter, however, that
the decision sis in line with the
Legion policy. We've always felt the
veteran is entitled to go back to, and
keep, his job for a year"