Military leave question

Overpaid Union Thug

Well-Known Member
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?

After I went on active duty I talked to JAG at my active duty base about this. Also talked to USERRA reps at two different reserve/guard bases. They all said the same exact thing. When you come back you are entitled to any job that was vacated/created that was filled by someone with less seniority than you. When I came back from active duty I was trained as a part-time cover driver immediately and was dovetailed into the seniority list ahead of a couple of people with less seniority that bid into the job while I was gone.

When I did my last annual tour (two weeks training) for the Reserves I ran into a UPS driver while on lunch break that was in the Army National Guard and had deployed. When he returned he found out that a full-time driver was hired while he was gone and he had more seniority than the person. When he tried to exercise his rights under USERRA to obtain a full-time job he was denied. He had to get a lawyer. Once the lawyer came knocking on UPS's door he given the job pretty quickly and received a rather nice apologetic letter from corporate.

Most guard and reserve bases have USERRA reps. Even some active duty bases have them. They even have USERRA briefings as part as in-processing as a new troop. They are very useful.
 

Joopster

Boxline Sorter
This is what I thought. Glad to hear from someone who experienced it firsthand. I plan on writing a letter of intent to HR and the union to let them know that I would like a FT job either inside or driving while I am gone.

The rules are the rules, whether people agree with them or not. I am going to take full advantage of it.
 

Overpaid Union Thug

Well-Known Member
This is what I thought. Glad to hear from someone who experienced it firsthand. I plan on writing a letter of intent to HR and the union to let them know that I would like a FT job either inside or driving while I am gone.

The rules are the rules, whether people agree with them or not. I am going to take full advantage of it.

As far as getting a job that opens/vacates while you are gone....you don't need to write the letter before hand. The law covers it. I always turn in a copy of my orders whenever I have to go somewhere that requires me to miss work at UPS though.
 

Joopster

Boxline Sorter
This isn't my first hurrah by any means, just the first where I want a FT job and they are telling me the bids will probably be put up later in the year...when I'm gone.
 

Overpaid Union Thug

Well-Known Member
This isn't my first hurrah by any means, just the first where I want a FT job and they are telling me the bids will probably be put up later in the year...when I'm gone.

Don't sweat it. Worse case scenario is you end up like that guy I mentioned. Hopefully not. Those lawyers do love to take on companies that violate USERRA though. We had one come to the briefing when I joined the guard and he would actually get pissed when he told us stories about the times he to pay some companies a visit. Some blatantly violated the laws.
 
This isn't my first hurrah by any means, just the first where I want a FT job and they are telling me the bids will probably be put up later in the year...when I'm gone.
First, I want to thank you for your service to our Country.
How long will you be gone?
 

chopstic

Well-Known Member
UPS/TEAMSTERS NMA
ARTICLE 15. MILITARY CLAUSE
Employees in service in the uniformed services of the United States, as
defined by the provisions of the Uniform Services Employment and
Reemployment Rights Act (USERRA), Title 38, U.S. Code Chapter 43, shall
be granted all rights and privileges provided by USERRA and/or other
applicable state and federal laws. This shall include continuation of health
coverage as provided by USERRA, and pension contributions for the
employees period of service, as provided by USERRA. Employees shall be
subject to all obligations contained in USERRA which must
be satisfied for the employees to be covered by the statute.

and this is from USERRA
4311. Discrimination against persons who serve in the uniformed services and acts of reprisal prohibited

(a) A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.

I think its clear what the intent of USERRA is. It is to protect all employees rights, including bidding. And the UPS/TEAMSTERS NMA article 15 says UPS shall grant ALL rights provided by USERRA.
 

Joopster

Boxline Sorter
How it would work is when I get back if a job was given to someone with lesser seniority, they would have to train me, put me in the job, and then make my FT date the date that they hired the other FTimer.

It's not hard to do. I know a guy that works for CSX that had this happen. They send their guys to engineer school. he got activated and when he got back the guy ahead and the guy behind him got sent. He brought it up and they immediately sent him to engineer school.
 
Have your shop steward put your name on the sign up sheet. You cannot take a position while you are gone but when you get back your name needs to be on the list. If it is not you cannot bid a postion. I missed out on a driving postion after a deployment because my name was not put down. The list came down 2 weeks before I came back and did not go up for another 6 months. Depends on the local how long and when the lists go up.
 

Joopster

Boxline Sorter
Lists are typically up for one week. Training normally takes place two weeks after the bid was put up for drivers.

I'm calling the lawyer today. UPS never got back to me. Someone else can deal with it now.
 

UPS Lifer

Well-Known Member
Lists are typically up for one week. Training normally takes place two weeks after the bid was put up for drivers.

I'm calling the lawyer today. UPS never got back to me. Someone else can deal with it now.

Make sure you have a copy of the inside list and the driver list with your name on it. If you have a copy of that - you are in the driver seat.

I personally don't think you will have to go through a lot of hoops but I do understand your concern. UPS does have a history of screwing things up but if you have copies of your requests you should be OK. You will be made whole and dove-tailed in. I also think it is a good idea to send a letter (certified) of your intent to the District HR Manager. Include your intent - concerns and military status.

In all my years with UPS, I have not run across anyone who was not made whole after returning from military duty.

There was only one case where an employee worked as a clerk in the office where the orders were issued (actually typed up the orders!) and he forged his own to get a few extra days! He had to go through some BIG hoops to get his job back (besides the military implications)!

You are only going to be gone for 4 months so most if not all the HR department should be there when you get back. If you were gone for two years - it might be a different story.

For all military on extended orders or oversea duty....
I recommend forwarding a copy of your military orders at least once a year to your HR department (certified) so there is no confusion on your intent to return to UPS. If the HR department does not hear from you they will send you notices at your last known address and you will get a job abandonment notice.
 
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