Aeronautical Industrial District Lodge 727 v. Campbell

337 U.S. 521 (1949)

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Aeronautical Industrial District Lodge 727 v. Campbell

United States Supreme Court
337 U.S. 521 (1949)

Facts

Aeronautical Industrial District Lodge No. 727 (the union) (plaintiff) was the collective-bargaining agent of the employees of Lockheed Aircraft Corporation (Lockheed). A collective-bargaining agreement with Lockheed that addressed standard conditions of employment was in effect when Kirk was employed. Following military service in World War II, Kirk was reemployed by Lockheed, in accordance with the Selective Training and Service Act (the act). During Kirk’s military service, the collective-bargaining agreement between the union and Lockheed was modified so that union chairmen were deemed to have top seniority during layoffs, regardless of how long they had been employed. After Kirk’s reemployment, he was laid off for one month, while union chairmen who had less time with the company were retained. Kirk was reinstated but was not paid for his period of unemployment. Kirk brought suit for payment during the month of his layoff, and the district court entered judgment for Kirk. The union appealed to the United States Court of Appeals for the Ninth Circuit, which affirmed on the grounds that § 8 of the act prohibited ignoring length of employment of union chairmen when deciding layoffs pursuant to a collective-bargaining agreement.

Rule of Law

Issue

Holding and Reasoning (Frankfurter, J.)

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