Roanoke Times
Copyright (c) 1995, Landmark Communications, Inc.
DATE: WEDNESDAY, February 20, 1991 TAG: 9102200070
SECTION: NATIONAL/INTERNATIONAL PAGE: A-2 EDITION: METRO
SOURCE: Associated Press
DATELINE: WASHINGTON LENGTH: Medium
The court said it will review a U.S. district judge's ruling in Alabama - and one upheld by an appellate panel - that said an employee's request for a military leave may be denied if it is "unreasonable." A decision is expected in 1992.
The Bush administration asked the justices to reverse the lower courts' decision. "In view of Congress' increasing reliance on the reserve forces as an integral part of the nation's military preparedness, the question is one of great importance," Justice Department lawyers said.
Although the court's action comes as more than 200,000 reservists have been called to active duty because of the Persian Gulf War, they will not be affected.
The Alabama case before the court focuses on a federal law dealing with reserve duty for training, not a similar law dealing with reservists called by presidential order to active duty in time of crisis.
The case dates back to 1987, when William "Sky" King 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.
A federal trial judge and the 11th U.S. Circuit Court of Appeals ruled against King. The appeals court said the Veterans' Re-employment Rights Act does not require employers to honor a leave request if it is not reasonable.
In other matters Tuesday, the court:
Turned away a Denver schools racial desegregation case, letting stand a ruling that federal court supervision over Denver's public schools is still required because they never achieved full integration.
Agreed to decide in a New York case whether states may compensate crime victims by seizing the profits paid to criminals for books, movies and other depictions of their exploits.
Let stand the federal government's random drug-testing program for airline employees.
by CNB