Oakley v. Louisville Nashville Co Haynes v. Cincinnati, New Orleans Texas Pac Ry Co

• Decision Date: 14 November 1949
• Docket Number: Nos. 28 and 29,s. 28 and 29
• Citation: 70 S.Ct. 119,94 L.Ed. 87,338 U.S. 278
• Parties: OAKLEY v. LOUISVILLE & NASHVILLE R. CO. HAYNES v. CINCINNATI, NEW ORLEANS & TEXAS PAC. RY. CO. et al
• Court: U.S. Supreme Court

338 U.S. 278

70 S.Ct. 119

94 L.Ed. 87

OAKLEY

v LOUISVILLE & NASHVILLE R. CO.

HAYNES

v. CINCINNATI, NEW ORLEANS & TEXAS PAC. RY. CO. et al.

Nos. 28 and 29.

Argued Oct. 17, 18, 1949.

Decided Nov. 14, 1949.

Mr. Morton Lipten, Washington, D.C., for petitioner.

Mr. C. S. Landrum, Lexington, Ky., for Louisville & Nashville R. Co.

Mr. Cornelius J. Petzhold, Cincinnati, Ohio, for Cincinnati, N.O. & T.P. Ry. Co.

Mr. Richard R. Lyman, Toledo, Ohio, for System Federation No. 21 and others.

Mr. Justice BURTON delivered the opinion of the Court.

In both No. 28 and No. 29, the issue is whether, under the Selective Training and Service Act of 1940,¹ one year of reemployment of a veteran by his preservice employer terminated that veteran's right to the seniority to which he was entitled by virtue of that Act's treatment of him as though he had remained continuously in his civilian employment. For the reasons hereinafter stated, and pursuant to our previous decisions, our answer is 'No.' In No. 29, there is the further question whether, after the expiration of such year, a United States District Court could entertain a complaint filed by the veteran to enforce his right to such seniority. Our answer is 'Yes.'

In each case, a verteran sought, in the United States District Court for the Eastern District of Kentucky, a declaratory judgment and an order restoring him to the seniority which he claimed he would have had if he had remained continuously in his civilian employment. In No. 28, Oakley, the petitioner, alleged that when he was inducted into the Armed Forces on May 7, 1944, he was employed as a locomotive machinist at Loyall, Kentucky by the respondent, Louisville & Nashville Railroad Company; that, on May 22, 1946, he was honorably discharged from the Armed Forces; that, on July 17, 1946, he was reemployed by the respondent as a locomotive machinist with seniority from that date; that, on July 1, 1945, while he was with the Armed Forces, the respondent's Loyall Shop was transferred to Corbin, Kentucky; 'that had he not been in the Armed Forces he would have been transferred to the Corbin Shop with seniority from July 1, 1945, * * *'; and that, because of the respondent's failure to credit him with seniority from the earlier date, he has been subjected to certain disadvantages in working hours and to an increased possibility of being laid off from his employment. He filed his complaint, April 14, 1947, under § 8(e) of the Selective Training and Service Act of 1940, 54 Stat. 891, as reenacted, 60 Stat. 341, 50 U.S.C.App. § 308(e), 50 U.S.C.A.Appendix, § 308(e). The court, on its own motion, assigned the case for argument 'upon the question whether, under the opinion of the Supreme Court in The Trailmobile Company, et al. v. Whirls (331 U.S. 40, 67 S.Ct. 982, 91 L.Ed. 1328) (No. 85, April 14, 1947), the cause has been rendered moot by the expiration of the statutory year to which Section 8(c) of the Selective Training and Service Act limited plaintiff's right to any special or preferential standing in respect to restored seniority.' Thereupon, the collective bargaining agent of the machinist employees of the respondent, which had intervened as a defendant, moved to dismiss the cause on the ground that more than one year had elapsed since the date of the petitioner's restoration to his employment. This motion is here considered upon the basis of the facts pleaded in the complaint.²

In No. 29, Haynes, the petitioner, alleged that, when he enlisted in the Armed Forces on February 1, 1942, he was employed as a machinist helper at Somerset, Kentucky, by the respondent, Cincinnati, New Orleans and Texas Pacific Railway Company (originally sued as the Southern Railway System); that, on October 31, 1945, he was honorably discharged from the Armed Forces; that, on November 16, 1945, he was reemployed by the respondent as a machinist helper, with seniority from that date; 'that during his service in the Armed Forces the defendant company promoted six helper machinists to helper apprentices, and that these six men were junior in seniority to himself, and that had he not entered the Armed Forces as above mentioned he would have been promoted to helper apprentice and would have been given the pay as such, * * *'; and that such rate of pay exceeded that of the petitioner during his reemployment. He filed his complaint, February 14, 1947, asking for restoration to his claimed status and for the additional compensation to which that status would have entitled him. The respondent answered, but certain intervening defendants, following a procedure similar to that in No. 28, filed a motion to dismiss the cause for the reasons there stated.

The District Court heard the motions together and dismissed both actions.³ The Court of Appeals for the Sixth Circuit affirmed. 170 F.2d 1008; 171 F.2d 128. We granted certiorari, 336 U.S. 943, 69 S.Ct. 812, because of the close relation of these dismissals to our decisions in Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 66 S.Ct. 1105, 90 L.Ed. 1230, 167 A.L.R. 110, and Trailmobile Co. v. Whirls, 331 U.S. 40, 67 S.Ct. 982, 91 L.Ed. 1328.

The court below recognized that § 8(c)⁴ granted to the respective veterans special statutory protection against discharge without cause and against loss of certain benefits during the first year of their reemployment. That court, however, concluded also that the expiration of that year not only terminated the veteran's right to such special statutory protection, but likewise automatically terminated his right to the seniority in the restored position which he would have had if he had remained continuously in his civilian employment. That additional conclusion is not justified by the opinions of this Court or by the terms of the Act. We reserved the point in the Trailmobile case, supra:

'We find it unnecessary therefore to pass upon petitioners' position in this case, namely, that all protection afforded by virtue of § 8(c) terminates with the ending of the specified year. We hold only that so much of it ends then as would give the reemployed veteran a preferred standing over employees not veterans having identical seniority rights as of the time of his restoration. We expressly reserve decision upon whether the statutory security extends beyond the one-year period to secure the reemployed veteran against impairment in any respect of equality with such a fellow worker.' 331 U.S. at page 60, 67 S.Ct. at page 392.

In the Fishgold case, we did not deal with the effect, if any, upon a veteran's seniority, of the expiration of his first year of reemployment. We there dealt with the initial terms of his restored position. We stated, in effect, that an honorably discharged veteran, covered by the statute, was entitled by the Act to be restored not to a position which would be the precise equivalent of that which he had left when he joined the Armed Forces, but rather to a position which, on the moving escalator of terms and conditions affecting that particular employment, would be comparable to the position which he would have held if he had remained continuously in his civilian employment. Fishgold v. Sullivan Drydock & Repair Corp., 328 U.S. 275, 284—285, 66 S.Ct. 1105, 1110—1111, 90 L.Ed. 1230, 167 A.L.R. 110; see also, Aeronautical Industrial Dist. Lodge 727 v. Campbell, 337 U.S. 521, 526, 69 S.Ct. 1287, 1289, 1290. In the Trailmobile case, supra, 331 U.S. at pages 56 and 60, 67 S.Ct. at pages 990, 992, 91 L.Ed. 1328, we dealt with the one year of special statutory protection given to the veteran in his restored position. We said, in effect, that this provision protected him not only from the total loss of that position by 'discharge' from it 'without cause,' but that it also pro- tected him, for one year, against the loss of certain other benefits incidental to...