Page:United States Statutes at Large Volume 54 Part 1.djvu/894

From Wikisource
Jump to navigation Jump to search
This page needs to be proofread.


PUBLIC LAWS-CH. 689-AUG. 27, 1940 Reemployment without loss of senior- ity, etc. Post, p. 891. Discharge restric- tion. Proceedings against noncomplying em- ployers. Post, p. 891. Hearing. U. S. district attor- neys to represent claimants. Proviso. Fees, etc., not to be taxed against claim- ant. Resignation, etc., of certain reserve mem- bers having depend- ents. Benefits of desig- nated Act extended to personnel on active duty. 40 Stat. 440. Post, p. 1191. Inoperative provi- sions. 40 Stat. 440, 441, 444, 447, 449. "Persons in military service. " "Period of military service." Suspension of con- flicting laws. (c) Any person who is restored to a position in accordance with the provisions of paragraphs (A) or (B) of subsection (b) shall be so restored without loss of seniority, insurance participation or benefits, or other benefits, and such person shall not be discharged from such position without cause within one year after such restoration. (d) In case any private employer fails or refuses to comply with the provisions of subsection (b) or subsection (c), the district court of the United States for the district in which such private employer main- tains a place of business shall have power, upon the filing of a motion, petition, or other appropriate pleading by the person entitled to the benefits of such provisions, to specifically require such employer to comply with such provisions. The court shall order a speedy hearing in any such case and shall advance it on the calendar. Upon applica- tion to the United States district attorney for the district in which such private employer maintains a place of business, by any person claiming to be entitled to the benefits of such provisions, such United States district attorney, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim or in the filing of any motion, petition or other appropriate pleading and the prosecution thereof to specifically require such employer to comply with such provisions: Provided, That no fees or court costs shall be taxed against the person so applying for such benefits. (e) Any member of any reserve component of the Army of the United States below the rank of captain who is ordered into the active military service of the United States pursuant to this joint resolution, who has any person or persons dependent solely upon him for support, and who has no other means of support except the wages, salary or other compensation for personal services that he earns, may resign or shall be discharged upon his own request made within twenty days of the date of his entry into such active military service. SEC. 4. (a) The benefits of the Soldiers and Sailors Civil Relief Act, approved March 8, 1918, are hereby extended to all National Guard, Reserve, and retired personnel ordered into the active military service under authority of this joint resolution, so long as such personnel are in such service and for sixty days thereafter, and except as hereinafter provided, the provisions of such Act shall be effective for such purposes. (b) For the purposes of this section- (1) the following provisions of such Act of March 8, 1918, shall be inoperative: Section 100; and paragraphs (1), (2), and (5) of section 101; article 4; article 5; paragraph (2) of section 601; and section 603. (2) the term "persons in military service", when used in such Act, shall be deemed to mean persons ordered into the active military service under the authority of this joint resolution. (3) the term "period of military service", when used in such Act, when applicable with respect to any person, shall be deemed to mean the period beginning with the date on which such per- son is ordered into such active military service and ending with the date on which he is relieved from such service. SEC. 5. All laws and parts of laws in conflict herewith are hereby suspended to the extent that they may be in conflict with any provi- sion hereof. Approved, August 27, 1940. 860 [54 STAT.