(Download) "Horton v. United States Steel Corp." by Fifth Circuit United States Court Of Appeals ~ Book PDF Kindle ePub Free
eBook details
- Title: Horton v. United States Steel Corp.
- Author : Fifth Circuit United States Court Of Appeals
- Release Date : January 31, 1961
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 59 KB
Description
BROWN, C. J.: The only new twist in this case involving a veterans reemployment after return from military service is whether transfer to other available work is to be treated as in the case of promotion . In the latter situation promotion must be an automatic right from seniority or time alone with no possibility of loss through proficiency tests or other managerial discretionary selection. McKinney v. Missouri-Kansas-Texas Railroad Company, 1958, 357 U.S. 265, 78 S. Ct. 1222, 2 L. Ed. 2d 1305. The District Court held that both were to be considered alike. On that premise it further concluded that the prospect of transfer, while substantial in a practical sense, was not positively assured either under the collective bargaining agreement or the custom and practice followed by the Employer, and consequently the Employee did not have a right to reinstatement or back pay. We agree.
 "Horton v. United States Steel Corp." by Fifth Circuit United States Court Of Appeals ~ Book PDF Kindle ePub Free){kind=link}