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TIPPER v. NORTHERN PAC. RY. CO.

August 20, 1945

TIPPER
v.
NORTHERN PAC. RY. CO. (POWERS et al., Interveners)



The opinion of the court was delivered by: LEAVY

The plaintiff, Raymond R. Tipper, a veteran of World War I, in November, 1942, voluntarily enlisted in the armed forces of the United States. At the time of his enlistment, he was forty-six years of age, and was an employee of the Northern Pacific Railway Company, as a mechanic. He had attained a position in seniority of No. 9 from the top of his group. Under Selective Service Regulations promulgated subsequent to his enlistment, he was entitled, being over thirty-eight years of age, to be classified in a reserve status and allowed to engage in essential war work in a civilian capacity, but subject to recall to active military duty, should conditions require that this be done.

The plaintiff sought to have the defendant, Northern Pacific Railway Company, certify to the Army that his services were required by it in his former capacity. Such request was not made by the Railway Company, but he was granted release from active military service, and placed in a reserve status in order to enter civilian employment with the Puget Sound Navy Yard at Bremerton, Washington. He continued in this work until some time early in 1945, during all of which time he was subject to the orders and under the jurisdiction of his local draft board. Early in 1945 he was given an honorable discharge from military service by the Army, and he, thereafter, within the ninety day period provided by law, made a formal request for reinstatement with his former employer, the defendant herein. This request was denied on the ground that it had not been timely presented. The defendant and the intervenors, who were those members of the Union whose seniority would be affected by reinstating the plaintiff, took the position that the plaintiff, in order to preserve his rights under the Selective Training and Service Act of 1940, 50 U.S.C.A.Appendix, 301 et seq., should have made his request within ninety days after his release from active military service.

 The question presented is whether the release from active service and the classification in reserve status is intended to apply, by the Selective Training and Service Act, or whether the time begins to run when a final discharge from military service is granted.

19450820

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