Here is my question; the whole intent of USERRA is to prevent discrimination against members of the military, isn't it? Meaning, a company cannot treat their military members any different than how they treat non military members. The company has a SPECIFIC policy in the FOM that states that military members may not do X, Y and Z. One of those being we cannot conduct any type of military activity while on duty, reserve or overnight. If I want to sit in my layover room and do a CBT, apparently, the company says I cannot. If I'm on reserve and I want to go up to the base to do a class while keeping my phone on and my availability open to an assignment, I cannot.
Having not read the entire FOM, is there a policy that says an individual may not conduct any outside business what so ever while on duty with Delta? What about the Captains I fly with that have their construction businesses or aircraft sale businesses going on the side and they take a phone call between flights or on an overnight? Is that allowed?
If it is, wouldn't it stand to say that because they are allowed to do this and military members are not allowed, even if still being available to company, that military members are being discriminated against?
I understand the companies intent of verifying MLOA because there are some real morons out there. But, what are the ground rules here? I often take a day before and after drill to allow commuting and to protect rest but there will be no pay stub showing I conducted military work on that day, it was just a travel and or rest day for me. How far can they take this and how far will we let them take it?