LOCATION: Eastern District Court of Michigan
DOCKET NO.: 76-451
DECIDED BY: Burger Court (1975-1981)
LOWER COURT: United States Court of Appeals for the Fifth Circuit
CITATION: 431 US 581 (1977)
ARGUED: Apr 25, 1977 / Apr 26, 1977
DECIDED: Jun 06, 1977
Allan A. Ryan, Jr. - for respondent
H. Hampton Boles - for petitioner
Facts of the case
Media for Alabama Power Company v. DavisAudio Transcription for Oral Argument - April 25, 1977 in Alabama Power Company v. Davis
Audio Transcription for Oral Argument - April 26, 1977 in Alabama Power Company v. Davis
Audio Transcription for Opinion Announcement - June 06, 1977 in Alabama Power Company v. Davis
In the other case 76-451, Alabama Power against Davis is here on writ of certiorari to the United States Court of Appeals for the Fifth Circuit.
We granted the writ in this case to resolve another conflict among the circuits over the question of whether veterans who have returned the jobs with private employers following their military service are entitled to credit toward their private pensions for the time they spent in military service.
The District Court and the Court of Appeals below held that the respondent, Davis, a veteran, is entitled to such credit under Section 9 of the Military Selective Service Act.
An opinion filed today with the clerk, we affirmed.
We conclude that pensions are an incident of seniority because they are in the nature of a reward for length of service.
As an incident of seniority, they must, under the Act, be given to the veteran as if they had been no break in his private employment.
Warren E. Burger:
Thank you, Mr. Justice Marshall.