Donald Lang Kenneth Beck Michael Erickson, Cross-Appellants v. Great Falls School District No. 1 and A, Cross-Appellee

This case involves re-employed veterans’ statutory right to employment benefits.

Lang, Beck, and Erickson taught for the Great Falls School District until the summer of 1970 when they resigned to serve in the armed forces. The District’s teachers were employed under individual teaching contracts, and their compensation was determined according to a salary schedule. The schedule consisted of incremental steps with teachers’ pay usually increasing at each succeeding step. Teachers advanced one step for each year of teaching experience (135 days of teaching).

After their military service, the veterans were rehired by the District; Lang in September 1973, Erickson in June 1972, and Beck in August 1970. The time spent in the military was not considered as experience for purposes of restoring them to the salary schedule. Their rate of pay upon reemployment, therefore, was less than if they had not served in the military.

In 1977, Lang filed a grievance with the District regarding seniority because of his military experience. It did not mention advanced placement on the salary schedule.

Five years later, the teachers’ union asked the District about advanced placement on the schedule…