Gauweiler v. Elastic Stop Nut Corp. of America

GOODRICH, Circuit Judge.

This litigation presents a new phase of the problem of veterans’ rights under the Selective Training and Service Act of 1940, ‘50 U.S.C.A.Appendix, § 301 et seq., of which the relevant amended portion of section 8 is cited in the margin.1 The follow*450ing set of facts will present the question involved.

A man is employed by a corporate employer. His employment is interrupted by his call for service in the armed forces. He qualifies and is inducted into the army. During his absence a new contract is negotiated by the employer and the union which is the authorized bargaining…