Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: TUESDAY, February 19, 1991 TAG: 9102190500
SECTION: NATIONAL/INTERNATIONAL PAGE: A-2 EDITION: EVENING
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
The justices said they will review a ruling in an Alabama case that said an employee's request for a military leave may be denied if it is "unreasonable."
Although the court's action comes at a time when more than 200,000 reservists have been called to active duty because of the Persian Gulf War, they will not be affected directly by the decision, expected sometime in 1992.
Separate sections of a federal law deal with reserve duty for training and a call for reservists to active duty in time of crisis.
The Alabama case dates back to 1987. William King that year was denied a three-year leave of absence from his hospital job in Birmingham to take a full-time position with the Alabama National Guard.
The National Guard is part of the nation's reserve military force.
A federal trial judge and the Atlanta-based 11th U.S. Circuit Court of Appeals ruled against King. The appeals court said a federal law, the Veterans' Re-employment Rights Act, does not require employers to honor a leave request if it is not reasonable.
"No case has been called to our attention in which a leave of absence of as long as three years has been held protected under [the law]," the appeals court said. "We therefore agree . . . that a three-year leave of absence is per se unreasonable."
In a seemingly conflicting ruling, the 4th U.S. Circuit Court of Appeals in Richmond, Va., interpreted the same law to mean employers never may interfere with a worker's joining, or serving in, the military reserves.
Bush administration lawyers asked the justices to resolve the conflict, and argued that the 11th Circuit court was wrong.
In other action, the court:
Made it easier for some convicted criminals to challenge their convictions in federal court. The court unanimously ruled that Georgia death row inmate James Ford is entitled to a federal court hearing to decide whether blacks were excluded unlawfully from his jury.
> Agreed to decide whether states may compensate crime victims by seizing profits paid to criminals for books, movies and other accounts of their exploits.
Setting the stage for an important ruling on freedom of expression, the court said it will study a challenge to such a New York law by the publisher of "Wiseguy," a best-seller on organized crime by Nicholas Pileggi and the basis of the movie, "Goodfellas." A ruling is expected in 1992.
Asked the Bush administration whether it favors reviving a former Georgia high school student's lawsuit stemming from her alleged sexual encounters with a teacher. The justices said they want to hear from Justice Department lawyers about rulings that threw out Christine Franklin's federal suit against the Gwinnett County public schools.
Turned down an appeal by Jacksonville, Fla., officials found to have discriminated illegally against black firefighters seeking promotion. The court, without comment, left intact a ruling that a fire department promotions exam was racially biased.
Rejected an appeal by two New York companies and their top executives convicted of criminal charges for exposing workers to mercury poisoning. The court, without comment, let stand a ruling that federal workplace-safety laws do not bar states from cracking down on related criminal conduct.
by CNB