Originally Posted by
FDXBUSCAPT
You may have military requirements, but the company can request the military to defer your obligation (see the attachment from the CBA below). Unless you are going to be deployed by the military or going to war, you could be deferred from military service, which will extend you getting your 20 yrs military servce. I am anxious to see how the company nose butts the military on this one. Time to call your congressman for help.
CBA 13.D.2 states, "When warranted by operational needs, the Company may request appropriate military or government authorities to defer a pilot's military service. Once notified of a FDA assignment, a pilot shall advise the appropriate military authorities in writing of his expected absence from the country."
Work USERRA issues with my employer. Not going to have to call the congress rep. We are at war. The Global War on Terror. Several companies (some airlines) have recently done the "nose butts", it has never been pretty for the employer (Dept. of Labor VETS office works these enforcement issues.) Our CBA has references like your 13.D.2. It is absolutely worthless. Usually only rehashes something already in USERRA. USERRA trumps state law and contracts that appear or attempt to restrict USERRA. USERRA does however, allow the employer to talk with the unit commander. ESGR/DOD desires employer and employee work out the issues. However, the military commander is only required to consider the employer request. Unfortunately, the unit CO has Chief pilots from UAL, DAL, UPS, et al making the same request, I did as a CO. I considered each case, and usually found the companies interest one sided and denied in fairness to other employers and military members. Long term absences are usually only entertained for the employee benefit (like initial training) that is necessary for their job. It is an opportunity to work together, but 3 months out of the country would be to hard in most units at current military activity.