Doyle v. Division No. 1127 of Amalgamated Ass'n of Street, Electric Ry. & Motor Coach Employees of America

PORTERIE, District Judge.

The applicable statute in this case is 50 U.S.C-A.Appendix, § 308(b) (B). We shall quote the dominant parts of the statute to this case. What we might term the preamble in (b) the phrase “other than a temporary position”, and then all of (B) : “If such position was in the employ of a private employer, such employer shall restore such person to such position or to a position of like seniority, status, and pay unless the employer’s circumstances have so changed as to make it impossible or unreasonable to do so.”

The defendant company was before the war, and has been…