Jay G. Collins v. Weirton Steel Company

BUTZNER, Circuit Judge:

The issue on appeal is whether Jay G. Collins, a probationary employee of the Weirton Steel Company, occupied “other than a temporary position” within the meaning of Section 9(b) of the Uni versal Military Training and Service Act [50 U.S.C.App. § 459(b)] when he entered military service. We hold his position was not temporary and that he is entitled to the protection granted by the Act.

Employment at Weirton was subject to a collective bargaining agreement 1 that required a probationary period of 520 hours. During this time an employee could be discharged for any reason…