TRAILMOBILE CO. V. WHIRLS, 331 U. S. 40 (1947)

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U.S. Supreme Court

Trailmobile Co. v. Whirls, 331 U.S. 40 (1947)

Trailmobile Company

No. 85

Argued December 19, 1946

Decided April 14, 1947

331 U.S. 40


1. Under § 8(c) of the Selective Training & Service Act of 1940, a veteran's statutory right of seniority -- insofar as it gives a reemployed veteran a preferred standing over nonveteran employees having identical seniority rights -- does not extend beyond the expiration of the first year of reemployment. Pp. 331 U. S. 51-61.

2. A question of res judicata arising from prior litigation in state courts and decided adversely to petitioners by the courts below, but in respect of which no error was assigned in the petition for certiorari, is not properly before this Court. P. 331 U. S. 48.

3. A proceeding in which a reemployed veteran sought to establish seniority rights under § 8(c) of the Selective Training & Service Act, and in which the decision of the court below was in his favor, held not moot although, because of procedures invoked by a labor union, he has not been at work, but has been on leave of absence with full pay. Pp. 331 U. S. 48-49.

4. The remand in this case will be so framed as to preclude foreclosure, by possible future application of the doctrine of res judicata, of such cause of action as the employee may have if he has been unlawfully expelled, suspended, or otherwise dealt with by the union for asserting his legal rights. Pp. 331 U. S. 50-51, 331 U. S. 61-62.

154 F.2d 866 reversed.

Respondent brought suit in the District Court against his employer, asserting rights under the Selective Training & Service Act of 1940. A labor organization was permitted to intervene. The District Court gave judgment for respondent. 64 F.Supp. 713. The Circuit Court of Appeals affirmed. 154 F.2d 866. This Court granted certiorari. 328 U.S. 831. Reversed, p. 331 U. S. 61.

Page 331 U. S. 41

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