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KIRKMAN v. MACMORLAND

UNITED STATES DISTRICT COURT, EASTERN DISTRICT OF PENNSYLVANIA


March 28, 1947

KIRKMAN
v.
MacMORLAND, Brigadier General, et al.

The opinion of the court was delivered by: BARD

This is a motion for a permanent injunction in which the plaintiff seeks restoration to employment, and other injunctive relief.

In the course of the following findings of fact, discussion, and conclusions of law, whenever the word 'veteran' is used, it is intended to refer to a person who is entitled to preference in United States Government employment under the Veterans' Preference Act of 1944. *fn1"

 On the basis of the testimony, and the admissions and stipulations of fact by the parties, all of which were presented to the Court as on final hearing, I make the following special

 Findings of Fact

 1. The plaintiff is Thomas W. Kirkman.

 2. Defendant Brigadier General E. E. MacMorland is the Commanding Officer of the Frankford Arsenal, Philadelphia, Pennsylvania, which is a facility owned and operated by the United States Government, under the jurisdiction of the War Department.

 3. Defendant W. B. Furst is the acting Chief Personnel Officer at the Frankford Arsenal.

 4. Defendant Charles D. Hertzog is the Regional Director of the Third District, United States Civil Service Commission.

 5. The plaintiff was formerly employed as a machinist in Labor Group 19 at the Frankford Arsenal. As of September 13, 1946, he had been employed at the Frankford Arsenal for sixteen years and thirty-four days, and had acquired a permanent civil service status.

 6. The plaintiff is not a veteran.

 7. The plaintiff was one of a group of thirty-six machinists, whose total length of service averaged thirteen years and 121 days, who received notice on September 13, 1946 that they were either to be placed on involuntary furlough, or were to be involuntarily separated from their employment at the Frankford Arsenal after September 27, 1946. The plaintiff was placed on involuntary furlough for a period of eleven months from September 13, 1946, with last day of work September 27, 1946.

 8. The notices of separation or furlough given to the plaintiff and 35 others on September 13, 1946, assigned as the reason for the action taken, 'Reduction of personnel ceilings.' This reduction of personnel ceilings was the result of a War Department directive of September 6, 1946, which ordered the Commanding Officer of the Frankford Arsenal to reduce the total number of civilian employees at that activity to a stated figure by September 30, 1946. The Commanding Officer administratively determined the number of machinists in Labor Group 19 whose services were to be dispensed with in the overall reduction which was to be effected. 9. Reductions in force within Labor Group 19 at the Frankford Arsenal had been effected prior to September 13, 1946, as follows: Date Number of Employees Affected Average Length of Service October 9, 1945 29 5 years, 59 days October 17, 1945 7 6 years, 40 days November 30, 1945 31 5 years, 355 days

19470328

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