Campbell

Aeronautical Industrial Dist. Lodge 727 v. Campbell

Good Law
169 F.2d 252·22 L.R.R.M. (BNA) 2369·1948 U.S. App. LEXIS 3146
United States Court of Appeals for the Ninth CircuitJuly 26, 1948No. 11750California805 words

Opinion

Lead Opinion

Healy, J.

The individual appellees are re-employed veterans of the armed forces of the United States entitled to the 'benefits of § 8 of the Selective Training and Service Act of 1940, as amended, SO U.S.C.A. Appendix, § 308. 1 At the time of their induction into the army they were employees of ap *253 pellee Lockheed Aircraft Corporation and were members of appellant Aeronautical Union. At that time a collective bargaining agreement was in effect between appellant and Lockheed, governing the conditions of employment and establishing a system of seniority rights for the employees. At all relevant times appellant was the certified collective bargaining agent for Lockheed’s employees.

While appellees were in military service, and prior to their restoration to their former positions with Lockheed, the collective bargaining agreement between Lockheed and appellant was changed in such manner as to accord to union chairmen, employed in similar positions, top seniority over all other like employees in the event of lay-offs due to curtailment of work. Prior to this change, and at the time appellees entered the armed forces, the bargaining agreement provided for layoffs on the basis of straight…

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