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Old 10-08-2019 | 07:14 AM
  #43  
MEGAFUPM
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Joined: Jun 2019
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Originally Posted by Cyio
It made its way into the CBA because there was a not so insignificant amount of pilots abusing the system. The system is there for those that do exactly what you stated however there were those that intentionally abused the rules and were not being deployed.

Personally, I agree with you however the company felt otherwise.
There will be abuse from both the company and pilot side for every single aspect of the CBA from whomever sees they can benefit from it. It just annoys me because I've seen multiple times guys on here put down military guys for taking orders and coming back to flow. It doesn't effect them, so why do they care? The CA requirement is just a way for the company to bandage their staffing issue. But again, I'd love to see some military guys come back from orders and challenge it in federal court. For context, here's the actual law which is pretty cut and dry.

“Escalator” Position
20 CFR 1002.192
The reemployment position with the highest priority in the reemployment schemes reflects the “escalator” principle that has been a key concept in federal veterans’ reemployment legislation. The escalator principle requires that each returning service member be reemployed in the position the person would have occupied with reasonable certainty if the person had remained continuously employed, with full seniority.
The position may not necessarily be the same job the person previously held. For instance, if the person would have been promoted with reasonable certainty had the person not been absent, the person would be entitled to that promotion upon reinstatement. On the other hand, depending on economic circumstances, reorganizations, layoffs, etc., the position could be at a lower level than the one previously held, it could be a different job, or it could conceivably be in layoff status. In other words, the escalator can move up or down.
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