The Key West citizen. [volume] (Key West, Fla.) 1879-current, 1946-07-23
What II Mems
By BRACK CURRY

~s~-ef1As> 49, DeAkSA- tAAN 3>r0seAA y y 49,
cision on the so-called super.
seniority question.
Searcy l.. Johnson, chief Of
the Justice Departments Vet.
Grams Affairs Section, says the
decision docs not determine all
of the unemployment rights OF
veterans because all of the rights
were not involved in the case. Z
The Justice Department repre-
sents veterans free of charge in
unemployment cases.
In the superseniority decision
the Supreme Court held that
World War II veterans have nc
preferential seniority standing for
one years full unemployment
over non-veterans when there
are contrary seniority provisions
in union contract.
The court did hold that vet
Grams accumulated seniority dur
ing their period of service
which must be added to senior
ity they held on entering the
service.
Some Problems Remain
What are the problems which
still must be clarified? Johnson
lists six examples:
/. To whom does the Selective
Service statute, guaranteeing vet
erans' unemployment rights, ap-
ply?
2. What is temporary" po-
sition and what are the legal
rights of Seasonal or part
time" employee?
3. What is to be done when the
veterans old job has been abol-
ished or changed?
4. What would be proper dam
ages for a court to assess when
veteran is denied reemploy-
uent?
S. How must the veteran prove
his qualification for his old
duties?
6. If the employer has trans
ferred or sold his business, what
are the veterans legal rights to
his old job?
Some of these questions al
ready are headed for the Supreme
Court.
Johnson says Attorney Gem
eral Tom Clark stakes the po-
sition as the veterans lawyer
that all reasonable doubts should
be resolved in favor of veterans
rights. In this he follows the
wording of the Selectiye Serv-
ice statute.
Likewise, the Supreme Court
in the Fishgold (superseniority)
case said the statute had to be
literally construed in favor of
the veteran"
Case in Point
johnson cited a court case to
illustrate problem No. l for me.
A doctor had been employed
by an industrial firm before he
entered service.
Although doctor is general
ly regarded as having an indie
pendent contractor relationship" =
johnson explained, "this one had
regular hours as the company
doctor. When he sued for his old
Job, the court ruled that he was
an employee and entitled to re-
employment"
What is a temporary" posi-
ton and what are the legal
rights of a seasonal or part
time employer"
MANY companies" says john
son, "are trying to get around re-
hiring veterans by contending
their Sprelwar jobs @were temper
airy! - l. s. s55
"All employment contracts are
indefinite. The average employ
er in hiring a man just says
something like you're on We
contend that the employer had
to make clear to the employee
the job would end within a
specific time limit for the JOB to
be considered temporary"
johnson says the department
feels that seasonal work is not
temporary work eff there is a
regular recurrent relationship
between the employer and en-
ployee. "
In recent case" he told me,
"a tobacco company refused to
rehire an auctioneer who had
worked once a year at an auction
for $4,000 before entering the
service. The court held that he
was not a seasonal worker and
had to be reemployed."
When veterans job has been
abolished, the Justice Depart
ment holds that eff a comparable
position exists he must have it,
johnson says. "The act holds that
he must receive his old job or
one of like seniority and pay"
About Damages
Proper damages?
Johnson says the department