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VENZEL v. UNITED STATES STEEL CO.

No. 11805.

209 F.2d 185 (1953)

VENZEL v. UNITED STATES STEEL CO.

United States Court of Appeals Sixth Circuit.

December 15, 1953.

Attorney(s) appearing for the Case

Marvin S. Zelman, Cleveland, Ohio, for appellant and amicus curiae (Marvin S. Zelman, Cleveland, Ohio, on the brief, for appellant; Arthur J. Goldberg, Elliot Bredhoff, Washington, D. C., on the brief for United Steelworkers of America, CIO).

James C. Davis, Cleveland, Ohio, for appellee (James C. Davis, Squire, Sanders & Dempsey, Cleveland, Ohio, on the brief).

Before MARTIN, McALLISTER and MILLER, Circuit Judges.

PER CURIAM.

The appellant was originally employed by the appellee on June 16, 1943. He left this employment on September 13, 1943 to enter military service.

The prevailing collective bargaining agreement, dated September 1, 1942, provided:

"New employees and those hired after a break in continuity of service will be regarded as probationary employees for the first three (3) months of their employment and...

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