Iob

Iob v. Los Angeles Brewing Co., Inc.

Good Law
183 F.2d 398·26 L.R.R.M. (BNA) 2401·1950 U.S. App. LEXIS 3600
United States Court of Appeals for the Ninth CircuitJune 21, 195012247California3,983 words

Opinion

Opinion

Stephens, J.

Appellants lob, Dobbs and Ullrich are ex-servicemen who claim to have been deprived of reemployment rights guaranteed to'them as World War II veterans by the Selective Training and Service Act of 1940, as amended, 50 U.S.C.A. Appendix, § 301 et seq., and the Service Extension Act of 1941, 50 U.S.C.A. Appendix § 351 et seq. They appeal from an adverse decision upon a petition for damages and' for the declaration and enforcement of their asserted reemployment rights.

Respondent, Los Angeles Brewing Company, within one year after appellants had been, upon their return from honorable service restored to preservice positions, discharged them from such positions and employment' pursuant to union demand for the sole reason that they were not members of co-respondent unions in conformity with a closed shop 'contract in force between the employer and the referred to unions. Appellants, members in good standing of certain unions other than those just referred to, refused the solicitations of the corespondent unions to join them. There is nothing in the record to indicate that appellants could not have retained their membership in the unions to which they belonged after joining the union…

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