National Youth Administration, and the Civilian Conservation Corps, and concerning the interpretation of section 6 of Executive Order 8743, dated April 23, 1941 (6 F. R. 2117). The first four questions presented are: "Question 1. Did former employees of the Public Works Administration and the Work Projects Administration leave positions other than temporary within the meaning of section 8 of the Selective Training and Service Act? "Question 2 (a). Are former employees of the National Youth Administration entitled to mandatory reemployment benefits under section 8 of the Selective Training and Service Act? "(b). If so, does the War Manpower Commission or the Federal Security Agency have the obligation of restoring such employees to civilian positions? "Question 3. Are former employees of the Civilian Conservation Corps entitled to mandatory reemployment benefits under section 8 of the Selective Training and Service Act in the Federal Security Agency? "Question 4. In view of the emergency nature of the functions in which Civilian Conservation Corps employees were engaged, is it mandatory upon the department in which they were employed to grant them reemployment benefits under section 8 of the Selective Training and Service Act?" These questions relate to former administrative employees of the agencies concerned and not to former relief workers or employees, or to enrollees in the Civilian Conservation Corps, trainees, or persons in similar categories. Section 8 of the Selective Training and Service Act of 1940, as amended, provides in part: "(a) Any person inducted into the land or naval forces, under this Act for training and service, who, in the judgment of those in authority over him, satisfactorily completes his period of training and service under section 3 (b) shall be entitled to a certificate to that effect upon the completion of such period of training and service. * * * "(b) In the case of any such person who, in order to perform such training and service, has left or leaves a position, other than a temporary position, in the employ of any employer and who (1) receives such certificate, (2) is still qualified to perform the duties of such position, and (3) makes application for reemployment within ninety days after he is relieved from such training and service or from hospitalization continuing after discharge for a period of not more than one year— "(A) if such position was in the employ of the United States Government, its Territories or possessions, or the District of Columbia, such person shall be restored to such position or to a position of like seniority, status, and pay. (Act of September 16, 1940, c. 720, 54 Stat. 885, 890, as amended by act of July 28, 1942, c. 529, 56 Stat. 724, and Public Law 473, 78th Cong., 2d sess., approved December 8, 1944 (c. 548, 58 Stat. 798); 50 U. S. C. App., sec. 308 (a) and (b))." [Italics supplied.] The reemployment provisions of section 8 are mandatory but they are expressly inapplicable to an employee who left a temporary position. The answer to the first four questions depends upon whether the employees referred to in the questions held positions that were temporary within the meaning of the statute. The term "temporary position" as used in section 8 (b) is not defined in the statute and the legislative history of the statute is not helpful in determining its meaning. In the Federal service the word "position" is sometimes used to describe the duties of an office or employment, whether occupied or vacant (see 5 U. S. C. 662), and at other times it is used to describe tenure of appointment or employment. In an opinion dated December 30, 1941 (40 Op. 152), I stated that the reemployment provisions of section 8 (b) "were directed to employment generally and the meaning of the term 'temporary position' is not controlled by classifications or terminologies peculiar to the Federal Civil Service system." In another opinion dated May 26, 1943 (40 Op. 271), I called attention to the fact that the word "temporary"? is a relative one, and that in determining its meaning in a particular statute consideration must be given to the purpose of that statute. Considering the purpose of section 8 of the Selective Training and Service Act and the fact that the reemployment provisions of the section apply generally to the Federal Government and to private employers, I think that the word "temporary" as used in the section should be given its ordinary meaning, that is, "lasting for a time only; exist ing or continuing for a limited time." See Webster's New International Dictionary; Funk & Wagnalls' New Standard Dictionary; 3 Bouvier, Law Dictionary, 3rd Rev. Since the term "temporary position" was not used in section 8 (b) of the Selective Training and Service Act in a technical sense, but is to be given its ordinary meaning, it is proper to consider not only the status of the positions in the Public Works Administration, the Work Projects Administration, the National Youth Administration, and the Civilian Conservation Corps as agencies of the Government, but also the tenure of service of the employees of these agencies. (a) Public Works Administration.-The pertinent facts relating to the Public Works Administration are stated in Appendix I of this opinion. The facts show that the Public Works Administration was an emergency agency engaged in performing emergency work. Originally established as the Federal Emergency Administration of Public Works and later changed to the Public Works Administration, it was expressly designated to last for a limited time. The life of the agency was extended from time to time, but these extensions emphasized the fact that the agency was never made permanent. On May 1, 1940, the beginning of the period during which absence in active military service entitled a person to reemployment benefits under the Selective Training and Service Act or related statutes, the life of the Public Works Administration and the tenure of all positions in the Administration was limited to end on June 30, 1941, unless further extended by Congress. Further extensions were made, but these extensions were for the purpose of enabling the Administration to complete its 1938 program and to finish work on prior projects. The tenure of service of administrative employees of the Public Works Administration was necessarily limited to the life of the agency. This tenure of service was also expressly limited by the language of the appointment papers used. Those papers provided that the maximum tenure of service or employment of all employees should not extend beyond the expiration of the emergency appropriation from which the employees' salaries were paid. The Public Works Administration has been terminated and no one is now employed in the agency. It would not now be possible to reinstate former employees of the Administration in their previously held positions, or in any other positions in the agency. (b) The Work Projects Administration.-A statement of the pertinent facts relating to the Work Projects Administration appears in Appendix II of this opinion. These facts show that the position of the Work Projects Administration does not differ substantially from that of the Public Works Administration. The Work Projects Administration was established as an emergency agency and expressly designated to last for a limited time. Its life was extended from time to time, but it was never made permanent. The appointment papers of the administrative employees of the agency contained the same kind of language limiting their tenure that was contained in the appointment papers of the employees of the Public Works Administration. The Work Projects Administration has been discontinued. (c) National Youth Administration.-A statement of the pertinent facts relating to the National Youth Administration appears as Appendix III of this opinion. That statement shows that the National Youth Administration, like the Public Works Administration and the Work Projects Administration, was an emergency agency engaged in performing emergency work and was established for a limited time only. Although its appointment papers did not contain the limiting provisions found in the appointment papers of the Public Works Administration and the Work Projects Administration, the tenure of its employees was necessarily limited to the life of the Administration and to the period for which appropriations were available to the Administration for its expenditures. After May 1940, there could have been no reasonable expectation of permanent employment with the National Youth Administration. The agency has been abolished. (d) Civilian Conservation Corps.-Pertinent facts relating to the Civilian Conservation Corps are stated in Appendix IV of this opinion. These facts show that the Civilian Conservation Corps was organized in 1933 as an emergency agency. In 1937 the Corps was established to continue for the period of three years after July 1, 1937. A proposal to make the Corps a permanent establishment of the Govern ment was rejected by the Congress. (See H. Rept. 687, 75th Cong., 1st sess.; H. Rept. 943, id.; 81 Cong. Rec. 6095-6102; 6203-6205; 6299-6300.) In 1939 the life of the Corps was extended for a three-year period from July 1, 1940, until July 1, 1943, and at that time another proposal to make the Corps a permanent establishment was rejected. (See S. 1110, 76th Cong., 1st sess.; H. Rept. 447, id.) The life of the Civilian Conservation Corps was at all times limited. Tenure of service in the agency was necessarily limited to the life of the agency and there was always uncertainty whether the Congress would renew the life of the agency, and, if so, for how long. After May 1940, the maximum expectancy of employment within the agency was approximately three years. This expectancy was not realized because the agency ceased its operations on June 30, 1942. The Civilian Conservation Corps is no longer in existence and it would not be possible to reinstate former employees to their former positions or to any other positions in that agency. In addition to employees of the Civilian Conservation. Corps who were appointed by the Director of the Corps the agency also used the services of other employees who were appointed or employed by the heads of other government agencies. Question 4 relates to this group of employees. These employees were paid from funds allotted to the cooperating agencies by the Director of the Civilian Conservation Corps. It is assumed that these employees were engaged solely on the work of the Civilian Conservation Corps. Although these employees may have been subject for some purposes to the regulations of the agency in which they were appointed, their status for reemployment under section 8 of the Selective Training and Service Act is no different than that of employees who served directly in the Civilian Conservation Corps. The positions which they held were at all times limited to the life of the Civilian Conservation Corps. I see no real basis for drawing a distinction between the positions held directly in the Corps and the positions held by employees referred to in the fourth question; service in both positions was limited in time. It thus appears that the Public Works Administration, the Work Projects Administration, the National Youth Admin |