Raymond E. Davis v. Alabama Power Company

Jul 1, 1976
74-4149
Versions:542 F.2d 650
92 L.R.R.M. (BNA) 3161
1976 U.S. App. LEXIS 8210

Lead Opinion

PER CURIAM:

AFFIRMED on the basis of the well-reasoned opinion of District Judge Guin published in 383 F.Supp. 880 (1974).





Dissenting Opinion

RONEY, Circuit Judge

(dissenting):

I respectfully dissent. All leaves of absence without regular pay are excluded from Accredited Service under Alabama Power Company’s Pension Plan. The result reached by the district court accords greater benefits to an employee for leave of absence for military service than for any other leave of absence without pay. Like the Third and Tenth Circuits, I would hold that the benefits provided by the Pension Plan are not prerequisites of seniority under the Act. 50 U.S.C. App. § 459(c)(1) (1970). See Litwicki v. Pittsburgh Plate Glass Ind., Inc., 505 F.2d 189 (3d Cir. 1974); Jackson v. Beech Aircraft Corp., 517 F.2d 1322 (10th Cir. 1975). I would reverse.