FEtoFO

I forwarded the letter to my state ESGR for them to review. I haven't had any issues with military leave at Republic, but I know others have. Yes Republic will pro rate your days off when you take military leave, so if you take a 18 day mission, you will still have to work 4 days at Republic when you return. Probably a violation, but they have been doing this for at least 8 years.

dtfl

Actually they will........The airlines send reps to yearly USERRA conferences. A few years ago the AFRC CC made an agreement with the airlines to give them "more access" to commanders to verify Mil leave.

The airlines know how far they can push the USERRA issue. I have dealt with mine a few times in the past and they were stepping over the line, but the DOL/USERRA folks said it was done in such a way that it was incorrect yet not illegal.

Play nice. Be helpful but don't give them more than they need or are required by law.

jethikoki

Home Page

Good source of info for Guard and Reserve members.

The "Service Members Law Center"

***Check out the index!***

Junglejett

It irks the **** out of me when Guard/Reservist do not know the rules. They are spelled out in USEERA. Go above and beyond what is required is not being an ass, it is screwing other members. My current employer, cannot seem to come to terms with what the law says and the union is unaware as well which makes matters worse.

As far as I am concerned, RAH, is asking for way more than what the law demands and I would not give them anything more than what is required. If they demand more, ask them their justification, and if the press the issue, file a complaint or consider a suit.

As far as the AFRCC CC going to bat FOR the airlines, he does not the authority..and the dude is a freaking airline pilot! He can say whatever he wants but it does not trump federal law.

Like any thing else in flying, follow the rules and rules will back you up.

QUIT, FOR THE SAKE OF OTHERS, PROVIDING MORE THAN WHAT IS LEGALLY REQUIRED.

Junglejett

Damn..fat fingered "USERRA". My apologies.

dtfl

The AFRC CC that did this - Gen Stenner - was NOT an airline pilot. He told the airlines, at a USERRA conference, that he would give them more access to AFRC commanders to verify/etc. He did. He put out a "memo" to everyone in AFRC telling us this. Now the airlines will call our CCs to verify orders, etc. It has happened to me and it is legal per USERRA. So.....USERRA allows, he did not trump federal law...and the airlines are doing it. Just an FYI - I filed a DOL USERRA complaint and....its legal. To quote my AFRC atty "...what they are doing is not ILLEGAL...INCORRECT YES...ILLEGAL..no" The airlines know what they can get away with. I don't like it any more than you do...but it's what we have to deal with. The IDT issue will come to a head one day when there is no paperwork....but for AD we have orders and have to provide if asked.

Junglejett

Point to the section in USERRA where, when requested, we are to provide orders. They can ask all they want, but I have not found a single thing that says we are required to provide them. In fact, the USERRA folks I have talked agree that orders are NOT required.

Bearpilot

As a general question for the military leave forum, can a pilot still flow to the majors if he is on extended military leave when his number comes up? Thanks.

Flamer

Good question. From a userra standpoint, when on mil leave it is as though you are still at work for seniority purposes. So, I would initially say yes. However, this also sounds like it could be affected by the flow agreement. I would read the flow up agreement word for word then call the ESGR with any remaining questions.

rickair7777

I don't think USERRA really addresses that scenario, which means it would need to be decided by the courts if push came to shove.

If the flow is from a wholly-owned to the owner, I think you might win since you could make the case that's it's all one company.

But if the destination airline is not the owner of the regional, then it would be more of an employment opportunity...and future employment opportunities are NOT protected by USERRA if you're not available to take the job when offered.

If at all possible, just make yourself available to take the flow when offered. I suspect they'd give you the next available opportunity when you finish mil leave but what if the music stops after you miss your flow window? If you have a major airline opportunity, clear your military plate at least long enough to finish training.