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RANDOLPH v. SEATTLE STAR

September 14, 1947

RANDOLPH et al.
v.
SEATTLE STAR, Inc., et al.



The opinion of the court was delivered by: BOWEN

This action was brought by two employees of the newspaper 'Seattle Star' for recovery of full severance pay upon their dismissal when that newspaper suspended publication in August, 1947.

Both plaintiffs served in the armed forces during World War II and upon returning to their positions with the 'Seattle Star' were accorded full seniority rights as to wages. When, however, the Star suspended publication, the plaintiffs, pursuant to the terms of their union contract, were denied the benefit of having included in the computation of their severance pay (based upon the number of years of continuous service in the newspaper's employ) the time served by them in the armed forces of the United States, although other employees of defendant who did not serve in the military were given full severance pay.

 The Court held that the union contract excluding from the computation of such severance pay the time spent in the military service is in conflict with the Act of Congress which provides that veterans shall have the other benefits enjoyed by those employees who were not in the service; and that plaintiffs are entitled to full payment of severance benefits including their years in military service, notwithstanding the union contract provisions to the contrary.

19470914

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