Military leave question

Discussion in 'UPS Discussions' started by Joopster, Mar 1, 2009.

  1. Joopster

    Joopster Boxline Sorter

    I am leaving for military leave in July. I am also graduating OSU in the next couple of weeks.

    I have 8 years with UPS PT and would like a FT job, either combo or driving. I talked to my Union rep briefly about the possibility of bidding on jobs while I was away. He basically told me I was SOL.

    So, I am going to talk to my JAG officer at the base this weekend to see what exactly my rights are under USERRA. I thought I could let management and HR know of my intent and that if a position came open and I had enough seniority I could fill that position. I was basically told no that the union does not work like that.

    Just looking for some clarification, first hand accounts are always great.
  2. Channahon

    Channahon New Member

    Congratulations on graduating from OSU - great school.
    As far as your military leave, you will be entitled to your job as you return to the same position you held when you left. And if memory serves me right, you have spent time away from your job before and came back to your same position.

    Thank you for serving our country and be safe in your journey.
  3. MonavieLeaker

    MonavieLeaker Bringin Teh_Lulz

  4. smf0605

    smf0605 Member

    Under USERRA you are entitled to the same or similar job you held before your military leave.

    You didn't say how long you'd be on military leave, but please be safe and thank you for your service.
  5. drewed

    drewed Shankman

    How do they handle a bid when ones on vacation? I thought you could notify of your intent and when you came back youd be awarded the job if you were in the top spot? Wouldnt it be handled similarly?
  6. stevetheupsguy

    stevetheupsguy sʇǝʌǝʇɥǝndsƃnʎ

    Wouldn't that fall along the same lines as when one is out on comp? You can bid routes and such, so I think you'd be able to bid into a higher position. Jmho, but I'd dig deeper on this if I were you. I'm concentrating hard, hoping the I can connect to 705, telepathically.

    Oh, and btw, congrats on your graduation. Be safe out there my friend. Suit up and pray hard.
  7. MonavieLeaker

    MonavieLeaker Bringin Teh_Lulz

    Good luck out there...Thanks for your service....Hope ya dont get stugged when ya get back :happy-very:
  8. evilleace

    evilleace Member

    I think you gain seniority and and get your scheduled raises but you can't bid on jobs while you are on military leave.
  9. Channahon

    Channahon New Member

  10. Jones

    Jones fILE A GRIEVE! Staff Member

    I would be surprised if they let you bid on a job while your gone, but let us know what JAG says.
  11. Joopster

    Joopster Boxline Sorter

    Thanks for the replies and well wishes.

    This has been my personal hangup with the whole thing. From the link posted.

    then an employer may not deny you:
     initial employment;
     retention in employment;
     promotion; or
     any benefit of employment

    With regards to the promotion, unions do not call it promotion, but rather bidding. I am almost positive I have the right to a job I could have attained if I was at the building working.

    Like I said I will ask the Jag cause they will know. They just aren't hiring anyone right now and when they do it will be in July for summer vacations etc...
  12. Joopster

    Joopster Boxline Sorter

    I talked to the jag officer, he said he thinks they are wrong. He said if the contract states that you have to be there to bid then the UPS contract supercedes the Userra, otherwise he said I might have a case.

    I talked to HR last monday, of course they haven't called me back, and they know I had talked to a lawyer about it. I would think they would figure it out quickly but who knows.

    I am documenting this and if I don't hear anything by wednesday, I will be calling the jag officer back to pursue this a little further.
  13. atatbl

    atatbl Active Member

    Glad to hear you stayed on top of this. Let us know how it turns out. Congrats on graduating.
  14. notlookingback

    notlookingback New Member

    I know a PT inside employee who enlisted after he gained his 90-day UPS seniority. His base is a few hours away, so he still shows up around here occasionally. According to him (so take this with a grain of salt), he can't bid while he is on military leave from UPS. However, he said the union told him he still accrues seniority while on leave. When he is discharged he will likely win any PT-to-FT bid he wants, since he'll have 4 years PT seniority. That is plenty of PT seniority around here to win a FT bid.
  15. helenofcalifornia

    helenofcalifornia Well-Known Member

    Hey Joops, when did you get back from your first tour? Didn't you leave about a year or so ago? We had a guy who was in the army for 3 years and all he did was retain his seniority, could not bid on any driver jobs available. They held his job for him, he got the pay raises he would have if he had stayed and retained seniority for vacation picks, etc.

    Congrats on the diploma and good to hear from you again. What did you get the diploma in?
  16. UPS Lifer

    UPS Lifer Well-Known Member

    Channahon is 100% right. I know this is not what you want to hear.
    Technically you are being separated when you leave for military service. The company reinstates you in a similar job. Basically you no longer work for the company and do not retain any rights to the bidding process etc.

    I would also check with a Teamster steward or business agent in regards to getting a withdrawal card. You do not want to be responsible for back dues.

    Remember a similar job does not mean the same job - You will be offered a job in the same job description as to when you left.

    Good Luck and Godspeed! You are doing a very honorable thing.
  17. retired2000

    retired2000 Active Member

    i was called to serve during desert storm. yu can not bid on any jobs but, you will get all of your raises and senority when you get back. also make sure you get a withdrawel card from the union. this way here you do not have to pay dues while you are gone.
  18. tonyexpress

    tonyexpress Whac-A-Troll Patrol Staff Member

    Hey Joopster,

    Congrats on graduating from OSU!

    Thanks for serving and protecting our country, be safe!
  19. Joopster

    Joopster Boxline Sorter

    Like I said, I am staying on top of it. I have not gotten an answer from HR yet. Still waiting. I also looked through the contract like the Jag officer told me to and did not see what he said. I would gladly take everyones word for it, but if they had never researched it then it's not 100% reliable. No offense to anyone.

    I will be calling the lawyer on wednesday to contact the EGSR to contact UPS and get an answer. I don't care what it is, I just want a legit one.
  20. Joopster

    Joopster Boxline Sorter

    The following is directly from USERRA. This is where I have the hangup and don't agree with some of you:

    (1) Except as provided in paragraphs (3) and (4), in the case of a person whose
    period of service in the uniformed services was for less than 91 days--
    (A) in the position of employment in which the person would have been
    employed if the continuous employment of such person with the employer
    had not been interrupted by such service, the duties of which the person is
    qualified to perform; or
    (B) in the position of employment in which the person was employed on
    the date of the commencement of the service in the uniformed services,
    only if the person is not qualified to perform the duties of the position
    referred to in subparagraph (A) after reasonable efforts by the employer to
    qualify the person.

    I bolded that verbage. If I am gone and they bid out a FT job I am qualified to have with my seniority and I do not get the job then isn't this in violation of that paragraph?