Page:United States Statutes at Large Volume 60 Part 1.djvu/933

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PUBLIC LAWS-CH. 867-AUG. 8, 1946 55 Stat. 1647. 50 U. S. C., Supp. V, app., note prec. 1. Restoration to for- mer positions. 51 Stat. 890. 50U. S. C . anp. §308 (b): Supp. V, §308 (b). U. S . Government. Private employer. State or political subdivision. Reemployment benefits. 55 Stat. 1647. 50 U. S. C., Supp. V, app., note prec. § 1. 54 8tat. 885; 55 Stat. 626. 50U.S.C.app. §§ 301-318; Supp. V, §§ 302 et seq., 351-357, 359-362. Ante, pp. 181, 341, 312, 871; post, p. 971. Supra. declared by the President on May 27, 1941, who, in accordance with rules and regulations prescribed by the Administrator, War Shipping Administration, completes a period of substantially continuous service in the merchant marine, shall be entitled to a certificate to that effect from the Administrator upon completion of such period, which shall include a record of any special proficiency or merit obtained. SEC. 2 . (a) In the case of any such person who, in order to perform service in the merchant marine, has left or leaves a position, other than a temporary position, in the employ of any employer and who (1) receives such certificate, (2) is still qualified to perform the duties of such position, and (3) makes application for reemployment within ninety days after completion of such service, and, in the case of that person described in subsection (b) of this section who fulfills the requirements of clauses (1) and (2) of this subsection and in the case of that person described in subsection (c) of this section who fulfills the requirements of clauses (1) and (2) of section 8 (b) of the Selective Training and Service Act of 1940, as amended, and makes application for reemployment within ninety days after completion of service in the merchant marine or relief from training and service in the land or naval forces or, in the case of any person described in this section, within ninety days from hospitalization continuing after such com- pletion or such relief for a period of not more than one year- (A) if such position was in the employ of the United States Government, its Territories or possessions, or the District of Columbia, such persons shall be restored to such position or to a position of like seniority, status, and pay, without regard to whether such position shall have been covered into the classified civil service during the period of his military, naval or merchant marine service; (B) if such position was in the employ of a private employer, such employer shall restore such person to such position or to a position of like seniority, status, and pay unless the employer's circumstances have so changed as to make it impossible or unrea- sonable to do so; (C) if such position was in the employ of any State or political subdivision thereof, it is hereby declared to be the sense of the Congress that such person should be restored to such position or to a position of like seniority, status, and pay. (b) Any person who, after May 1, 1940, and before the termination of the unlimited national emergency decltared by the President on May 27, 1941, shall have entered upon active military or naval service in the land or naval forces of the United States, and who shall thereafter within the aforesaid period, have been discharged or released from active service and have received a certificate evidencing satisfactory completion of such active service, and who shall, within thirty days from date of discharge or release from active service, have entered upon service in the merchant marine, shall be entitled to all the reem- ployment benefits of this Act, as amended, to the same extent as in the case of any person who, in order to perform service in the merchant marine, has left or leaves a position, other than a temporary position, in the employ of any employer, in lieu of the reemployment benefits of the Selective Training and Service Act of 1940, as amended, and of the Service Extension Act of 1941, as amended. (c) Any person who, after May 1, 1940, and before the termination of the unlimited national emergency declared by the President on May 27, 1941, shall have entered upon service in the merchant marine, and who shall thereafter within the aforesaid period have terminated such service in the merchant marine solely in order to perform active military or naval service in the land or naval forces of the United 906 [60 STAT.