Page:United States Statutes at Large Volume 60 Part 1.djvu/934

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60 STAT.] 79TH OONG. , 2D SESS.-CH. 867-AUG. 8, 1946 States, and who shall, within thirty days from date of termination of his service in the merchant marine, have entered upon such active military or naval service, and who shall thereafter have received a partial certificate of substantially continuous service, shall be entitled to all the reemployment benefits of the Selective Training and Service Act of 1940, as amended, and of the Service Extension Act of 1941, as amended, to the same extent as in the case of any person who, in order to perform active military or naval service in the land or naval forces of the United States, has left or leaves a position other than a temporary position, in the employ of any employer, in lieu of the reemployment benefits of this Act, as amended. (d) Any person who is restored to a position in accordance with the provisions of paragraph (A) or (B) of subsection (a) shall be con- sidered as having been on furlough or leave of absence during his period of service, shall be so restored without loss of seniority shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established rules and practices relating to employees on furlough or leave of absence in effect with the employer at the time such person entered such service, and shall not be dis- charged from such position without reasonable cause within one year after such restoration. SEC. 3. In case any private employer fails or refuses to comply with the provisions of section 2, the district court of the United States for the district in which such private employer maintains 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, and, as an incident thereto, to compensate such person for any loss of wages or benefits suffered by reason of such employer's unlawful action. The court shall order a speedy hearing in any such case and shall advance it on the calendar. Upon application to the' United States district attorney or com- parable official 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 or official, 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 prosecu- tion 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. SEC. 4. Employees of the United States Government, its Terri- tories or possessions, or the District of Columbia (including employ- ers of any corporation created under authority of an Act of Congress which is either wholly controlled or wholly owned by the United States Government, or any corporation, all of the stock of which is owned or controlled by the United States Government, or any depart- ment, agency, or establishment thereof, whether or not the employees thereof are paid from funds appropriated by Congress), who, sub- sequent to May 1, 1940, shall have entered upon service in the mer- chant marine, shall be entitled to receive, in addition to any pay for such service, compensation in their civilian positions covering their accumulated or current accrued leave, or to elect to have such leave remain to their credit until their return from such service. SEC. 5. The Administrator, War Shipping Administration, may make such rules and regulations as he deems necessary or appropriate to carry out the provisions of this Act. Approved August 8, 1946. 907 4 Stat. 885; 6 Stat. 8268. 60U.S.C.app. i§ 301-318; Supp. V §§ 302 et s8., 351-67, 359-362 . Ante, pp. 181, 31, 42, 871; post, p. 71. Person considered on furlough, etc. Power of court to require complanee by private employer. Court costa. Employees of U. S . Government. Compensation tor accrued leave. Rules and regula- tions.