Marion J. Imel v. Laborers Pension Trust Fund for Northern California

THOMPSON, Circuit Judge:

The Laborers’ Pension Trust Fund for Northern California (“Fund”) appeals the district court’s judgment, after a bench trial, granting Marion J. Imel (“Imel”) pension credit for the time Imel spent in military service. The Veteran’s Readjustment Act (the “Act”)1, 38 U.S.C. § 2021 et seq. *1329(1982), requires that an employee who leaves employment for compulsory military service and returns to the same employer not lose his position, seniority or status because of his military service. The Fund argues that because it never employed Imel, the district court did not have…