Amendment numbered 7: That the Senate recede from its disagreement to the amendment of the House numbered 7, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the House amendment insert the following after "attained." on page 3, line 2 of the Senate engrossed joint resolution: In addition, each such person who is assigned to such active duty or ordered into such active military service shall be given a physical examination at the beginning of such active duty or service and a medical statement showing any physical defects noted upon such examination; and upon the completion of the period of such active duty or service, each such person shall be given another physical examination and shall be given a medical statement showing any injuries, illnesses or disabilities suffered by him during such period of active duty or service. And the House agree to the same. Amendment numbered 15: That the Senate recede from its disagreement to the amendment of the House numbered 15, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the House amendment insert the following: (c) Any person who is restored to a position in accordance with the provisions of paragraphs (A) or (B) of subsection (b) shall be so restored without loss of seniority, insurance participation or benefits, or other benefits, and such person shall not be discharged from such position without cause within one year after such restoration. (d) In case any private employer fails or refuses to comply with the provisions of subsection (b) or subsection (c), the And the House agree to the same. Amendment numbered 17: That the Senate recede from its disagreement to the amendment of the House numbered 17, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the House amendment insert the following: Upon application to the United States district attorney for the district in which such private employer maintains a place of business, by any person claiming to be entitled to the benefits of such provisions, such United States district attorney, if reasonably satisfied that the person so applying is entitled to such benefits, shall appear and act as attorney for such person in the amicable adjustment of the claim or in the filing of any motion, petition or other appropriate pleading and the prosecution thereof to specifically require such employer to comply with such provisions: Provided, That no fees or court costs shall be taxed against the person so applying for such benefits. And the House agree to the same. Amendment numbered 18: That the Senate recede from its disagreement to the amendment of the House numbered 18, and agree to the same with an amendment, as follows: In lieu of the matter proposed to be inserted by the House amendment insert the following: (e) Any member of any reserve component of the Army of the United States below the rank of captain who is ordered into the active military service of the United States pursuant to this joint resolution, who has any person or persons dependent solely upon him for support, and who has no other means of support except the wages, salary or other compensation for personal services that he earns, may resign or shall be discharged upon his own request made within twenty days of the date of his entry into such active military service. And the House agree to the same. A. J. MAY, EWING THOMASON, W. G. ANDREWS, Managers on the part of the House. MORRIS SHEPPARD, ROBT. R. REYNOLDS, WARREN R. AUSTIN, CHAN GURNEY, Managers on the part of the Senate. STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendments of the House to the joint resolution (S. J. Res. 286) to strengthen the common defense and to authorize the President to order members and units of reserve components and retired personnel of the Regular Army into active military service, submit the following statement in expla nation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report: Amendment No. 1: The Senate joint resolution authorized the President during the period ending June 30, 1942, to order into the active military service of the United States for a period of 12 consecutive months any or all members and units of any or all reserve components of the Army of the United States. This House amendment limited the authority of the President to any or all members and units of the National Guard and the Organized Reserves of the Army of the United States. The House recedes. Amendment No. 2: This amendment provided that each young man in the National Guard under the age of 18 years should be immediately issued an honorable discharge. There was no corresponding provision in the Senate joint resolution. The conference agreement provides that each young man in the National Guard of the United States under the age of 18 years ordered into the active military service of the United States as provided in the joint resolution shall be immediately issued an honorable discharge from the National Guard of the United States. Amendment No. 3: This amendment provided that persons called into the active military service should be entitled to such allowances for dependents as may be prescribed by the President, which was to be in addition to any other pay provided by law. There was no corresponding provision in the Senate joint resolution. The House recedes. Amendments Nos. 4, 5, 6, 8, 10, and 11: These amendments made technical and clarifying changes in the provisions of the joint resolution relating to the restoration to employment of persons who are on active duty or assigned to active duty and who are ordered into the active military service under the provisions of the joint resolution. The Senate recedes. Amendment No. 7: This amendment provided that persons called into service under the joint resolution should be given a statement showing physical defects at the time he entered the service and upon discharge should be given a medical certificate showing any injuries, illnesses, or disabilities suffered by him while in the service. There was no corresponding provision in the Senate joint resolution. The conference agreement clarifies the House amendment and includes persons on active duty as well as those ordered into active military service under the joint resolution. Amendment No. 9: The Senate joint resolution extended the reemployment provisions to persons in the active military service who left positions other than temporary positions. The House amendment in effect defined a temporary position as one held less than 1 year. The House recedes. Amendments Nos. 12, 13, and 14: These amendments, relating to the requirement that persons be restored to their employment upon the satisfactory completion of their period of service or active duty under certain conditions, provided for restoring the seniority of such persons as well as their status and pay as provided in the Senate joint resolution. The Senate recedes. Amendment No. 15: The Senate joint resolution provided that any person restored to a position in private employment or with the Government of the United States (including Territories and possessions) or the District of Columbia should be restored without loss of seniority, insurance participation, or benefits, or other benefits, and that such person should not be discharged from such position without cause within 1 year after such restoration. This House amendment eliminated this provision. The conference agreement restores it. This amendment also eliminated the provision of the Senate joint resolution that the failure or refusal of any private employer to comply with the provisions requiring the restoration to their former positions of persons on active duty or called into active military service should be an unfair labor practice within the meaning of the National Labor Relations Act. The amendment also eliminated the restriction of the Senate joint resolution that it was only in cases where no remedy was available under the National Labor Relations Act to require compliance by any employer with the provisions relating to restoration to employment that the individual could institute proceedings in the district court of the United States for the district in which the employer maintains a place of business, and allowed the individual to proceed in the district court in any case in which the private employer failed or refused to comply with the reemployment provisions. The conference agreement retains the House provision with clarifying changes. Amendment No. 16: This is a technical amendment. The Senate recedes. Amendment No. 17: This amendment provided that any person claiming to be entitled to the benefits of the reemployment provisions might apply to the United States district attorney for the district in which the private employer maintains a place of business to appear and act as attorney for him in the amicable adjustment of the claim or in filing any appropriate motion, petition, or other appropriate pleading to require the employer to comply with such provisions, and the district attorney was required to so act if he was reasonably satisfied that the person applying for such benefits was entitled thereto. There was no corresponding provision in the Senate joint resolution. The conference agreement retains the provision of the House amendment with clarifying changes and provides also that no fees or court costs are to be taxed against the person applying for such benefits. Amendment No. 18: The Senate joint resolution provided that any member of the National Guard might resign within 20 days after being ordered into the active military service if at that time he had dependent upon him a wife or child or both and had no means with which to STATEMENT OF THE MANAGERS ON THE PART OF THE HOUSE The managers on the part of the House at the conference on the disagreeing votes of the two Houses on the amendments of the House to the joint resolution (S. J. Res. 286) to strengthen the common defense and to authorize the President to order members and units of reserve components and retired personnel of the Regular Army into active military service, submit the following statement in expla nation of the effect of the action agreed upon by the conferees and recommended in the accompanying conference report: Amendment No. 1: The Senate joint resolution authorized the President during the period ending June 30, 1942, to order into the active military service of the United States for a period of 12 consecutive months any or all members and units of any or all reserve components of the Army of the United States. This House amendment limited the authority of the President to any or all members and units of the National Guard and the Organized Reserves of the Army of the United States. The House recedes. Amendment No. 2: This amendment provided that each young man in the National Guard under the age of 18 years should be immediately issued an honorable discharge. There was no corresponding provision in the Senate joint resolution. The conference agreement provides that each young man in the National Guard of the United States under the age of 18 years ordered into the active military service of the United States as provided in the joint resolution shall be immediately issued an honorable discharge from the National Guard of the United States. Amendment No. 3: This amendment provided that persons called into the active military service should be entitled to such allowances for dependents as may be prescribed by the President, which was to be in addition to any other pay provided by law. There was no corresponding provision in the Senate joint resolution. The House recedes. Amendments Nos. 4, 5, 6, 8, 10, and 11: These amendments made technical and clarifying changes in the provisions of the joint resolution relating to the restoration to employment of persons who are on active duty or assigned to active duty and who are ordered into the active military service under the provisions of the joint resolution. The Senate recedes. Amendment No. 7: This amendment provided that persons called into service under the joint resolution should be given a statement showing physical defects at the time he entered the service and upon discharge should be given a medical certificate showing any injuries, illnesses, or disabilities suffered by him while in the service. There was no corresponding provision in the Senate joint resolution. The conference agreement clarifies the House amendment and includes persons on active duty as well as those ordered into active military service under the joint resolution. |