William O. Douglas,
Brotherhood of Maintenance of Way Employes v…
“ The Court seizes on ambiguous materials to impute to Congress approval of that philosophy. I would resolve the ambiguity in favor of the employees. I would read the proviso as meaning that nothing less than four-year employment protection to every employee would satisfy the Act, though not necessarily a four-year protection in his old job. In a realistic sense a man without a job is 'in a worse position with respect to' his 'employment,' though he receives some compensation for doing nothing. Many men, at least, are not drones; and their continued activity is life itself. ”
