Gunter

FDX computer issue? Depends on what you mean by that.

The VIPS is programmed to penalize you when on mil leave. So, in that case, it is a computer issue.

There is no Rule or law that says you can't stay in CASS on mil leave. Ask some buds at other airlines about their experiences.

Gunter

Just like the explanation for VIPS locking up is a bunch of "bots"


Well, the bots have been locked out and VIPS still locks up when the membership "gangs up" on it to check monthly bid awards. Don't be fooled by the talking heads, VIPS needs better programming.

Wild Bill

When you go on military leave for anything greater than 30 days FedEx pulls you from the system. It's like you are on a leave of absence, and you no longer exist in FedEx's eyes. Makes jumpseating a pain because you are not in CAASS, but you have your ID. Good luck with jumpseating with just that, especially if you need to get somewhere. FedEx stated that they are working the "computer glitch" that pulls you out of CAASS from the inception of the program, but it's obviously not on their priority list. FedEx doesn't have to fix this glitch because you are on military and not working for FedEx. It would be a nice gesture to those in uniform at little cost. Meanwhile, we'll keep transporting other companies military pilots who's companies do leave them in the system.

The B fund is a complete mess with military guys. FedEx is required by law to pay the B fund for trips you mil drop. FedEx has been tap dancing. They tried saying you'll get paid for these when you make up those trips. That was illegal, and they got called on it. The union said two years ago we should see a jump in our B fund as FedEx came into compliance. Haven't seen it yet. FedEx is currently tap dancing as to what trips were mil dropped using averages over the previous 12 months. The tap dancing starts looking like Danny K on speed while using x24 on your DVD when asked why FedEx doesn't pay until the member comes back to FedEx (illegal), pays B fund on some trips not others, pays some mil guys not others. The union is working this, albiet slowly. The union would rather use JAGs to enforce the law versus the lawyers we pay out of dues. Jags would rather union lawyers handle it since they are more familiar with FedEx, contract, etc. So bottom line there is a whole lot of finger pointing and tap dancing. Guess FedEx is hoping you don't notice that your B fund is being shorted or your dependents don't know in case something happens to you and you don't come back to ensure your B fund is enumerated as it should have been all along.

MajorKong

Another example of the great business relationship that the Mustache has established is just a one-way street.

SaltyDog

Am not Purple but the questions here apply to all employers.

Pensions: USERRA requires they pay what you would have made had you stayed. Since we are talking hourly waged employees, and your contract covers your minimum pay guarantee, then FEDEX must pay your min. guarantee while out on long term Military. USERRA also requires a prompt payment upon your return from military service. You cannot be discriminated against in USERRA on pension payments like it was suggested (If you take alot of mil, your 'average' wage would be lower hours. If FEDEX is doing that to you, your Mil Rep should be informed. We would have the company pay up or be enroute to the DOL via ESGR. Again, pension should be paid at contract guarantee for the line pilots. The 'average' applies to sales people or managers, etc. who do not have a contract to refer, etc. Also, for those who make an upgrade form one seat to another while out on MIL, the effective date of that equipment bid is the new USERRA reference point for those pension benefits. Example: Go on MIL leave on 01 Jan 2008 for 18 months as an narrowbody F/O and leave a standing bid for narrowbody Capt. While on Mil leave, company runs a sytem bid and said pilot gets the upgrade to Capt effective on 01 June 2008, when crewmember returns in June 2009 how should the pilots Pension be restored? After training and succesful release as Capt, the company would then restore Pension benefits at 6 months as narrowbody F/O and 12 months as narrowbody Capt (even though just trained since the pilot has to be treated as if never left. You will (most likely) have to review this element of USERRA law with your payroll folks to ensure proper payments.


Regarding Jumpseat, USERRA 1994 and USERRA Final Rules 2005 do not specifically address this animal. From JS coordinators, the FAA is OK with folks on MIL using a JS. This implies OK to stay in CASS. The real question: How does Fedex treat other unpaid leave employees. Example: Does Fedex allow someone on FMLA the CASS option? USERRA says must be treated like other employees in same circumstance (unpaid leave). If they drop FMLA, then difficult to get a discrimination case with DOL. If FMLA and personal leave of absence folks (unpaid leave) get any benefit that is not accorded to the military crewmember, you have a discrimination case and USERRA violation (ala AMR). Am sure Fedex has signed an ESGR Employer Statement of Support. Would ask your Mil reps to use that as a reason to maintain mil members on CASS while on long term mil. Fedex wants the nationally recognized and good for business " Secretary of Defense Employer Support Freedom Award " which is the highest recognition given by the U.S. government to employers for their support of National Guard and Reserve employees. Only employees can start that nomination process.

Practically, often these issues are technical (software issues) that haven't been programmed with USERRA in mind. The software writers have no idea what USERRA is, and management would likely have not referenced USERRA, only company policy and the contract.
It is often the opinion of folks at DOL and ESGR to not simply write USERRA in the contract, the contract should specify how to apply USERRA at your employer, etc. i.e. issues like JS while on long term Mil could be written as "will remain in CASS"
Their is a good reason to use ESGR/DOL to enforce USERRA over union atty's. on many issues. Why? ESGR and DOL/DOJ are experts in USERRA and it frequently allows the employee (MIL reps) the option to go that track and get faster resolution. Reference the AMR lawsuit that the military pilots DOL complaint went to DOJ for enforcement. Doubtful that APA nor any union would have gotten AMR/insert "your" airline here to comply with USERRA law except DOL/DOJ track.
Disclaimer: All just my opinion and no legal advice being offered, just offering observations.......

MaydayMark

OK ... "reasonable man theory" here. (Bear with me here, I know APC seldom prescribes to this philosophy?).

Why wouldn't the company fix this issue just because "It's the right thing to do"?

Taking care of our military personnel is a patriotic responsibility. The company has the LEGAL OBLIGATION TO DO SO!

IrishSkies

Wild Bill & Salty Dog,

Thanks to both of you for informative and detailed responses.
I don't know about anyone else but I'm always amazed at how blurry the company translation is on a major (and federally legislated) issue such as MLOA.
MM hit the ball out of the park on this one with his "reasonable man theory" but in the absence of corporate guilt then why is it so difficult to enforce these USERRA laws? Why in the world should things need to disintegrate to the point that we (mil affairs) needs to call in lawyers and maybe Dept of Labor (I'm assuming that is what Salty's DOL reference was)?

Anyone point me to source documents regarding "average hours" as it concerns both USERRA and/or FedEx?

Thanks
Irish

SaltyDog

Irish,
Look at this from the IRS

Retirement Plans FAQs regarding USERRA and SSCRA

but lets remember the mother source from the holy book of USERRA Section 4318 USERRA Statute
states that "

" in the case that the determination of such rate is not reasonably certain, on the basis of the employee's average rate of compensation during the 12-month period immediately preceding such period (or, if shorter, the period of employment immediately preceding such period)."

Anyone with a contract has a pay schedule and IS more than "reasonably certain" of what their pay will be at a minimum. Example: You worked 3 months Mil Leave in 2007, so Fedex says they will only pay your pension for 9 months in 2008 if you are gone the entire year? What about the person who work 10 hours over the minimum every month for 12 months in 2007, is Fedex going to give that person a higher pension if they are out all of 2008 like their fellow employee? Doubt it, USERRA says "if not reasonably certain" I'd say that a contract is certain. Period. Let your Mil Liaison work this if there are problems. If this is going on at Fedex, then I'll be interested to see how DOL looks at it since AMR tested the waters of noncompliance and discrimination. The statute 4318 is pretty clear with said reference (in my non legal trained mind)

MajorKong

Irish and Salty. Is this not what we pay our unions millions of dollars every year to take care of? Where are they? Throwing parties in Vegas. Giving our money away to charities I do not choose? Power meetings at Ruth's Christ?

SaltyDog

MajorKong,
Maybe some background would shed some light. Yes, our unions are actively engaged. Also, it is important to realize that many of the challenges are not contractual. Unions are primarily formed to get a CBA and then defend said CBA. USERRA is not a contract issue, but an entire different federal statute that often falls in the realm of company policy etc of which the union usually has little sway or input (like hiring policy for example). Additionally, it also is a whole seperate form of resolution: The VETS office at DOL and the Dept of Justice enforce USERRA which is not the same track as a CBA dispute process. However, since the unions realized their membership were being affected, some stood up to take charge and work to remedy the conflicts. Though I am not an ALPA member, we have loosely coordinated between our Military Liaisons to more effectively ensure education and compliance with our employers and assist fellow employees. Am certain your union dues are spent well regarding USERRA issues at Fedex.
Now the background to explain how we became involved from a union point of view.

USERRA was written after Desert Storm 1 and became law in 1994. Veterans’ reemployment rights laws date back to WW II: Selective Training and Service Act of 1940 and various forms until USERRA's replaced the Veterans’ Reemployment Rights Act, 38 U.S.C. 4301-4308 (VRRA)
Why the overhaul? Uncle Sam realized that for our country to have a cost effective all volunteer force (The only model acceptable in the US presently and for the foreseeable future). All previous law assumed a drafted military and a draft had it's own unique challenges. Thus, an overhaul was necessary and DS1 precipitated the change since VRRA did not come close to addressing an all volunteer force.
As USERRA came into the market, it was broad enough to address the concerns, yet did not make address itself to one particular form of employment. It was broadly written to address contracted employees to college professors to government workers to sole owned business' that had even just one employee. There was much confusion in actual application because of the scope and variety of employers and employees.
Frankly, lots of standard government bureaucracy and new statutes required new HR/Labor/Legal attention from employers. Many contracts and company policies were immediately dated and now in non compliabce of the new statute. Problem: Usually an employee had to come into conflict with the law, then mitigation began, then resolution. Big learning curve on all side, employer anbd employee. ESGR (DOD outfit) heavily invested in this education for all parties. Unions became involved. Many issues are resolved through your union working as the ESGR and company liaisons. Many are likely invisible, some issues like the JS are not covered specifically under USERRA, but looking into the statute it has an answer for your contract as I explained in my post above regarding treatment as unpaid leave employees with the FMLA employee. Each company and contract can treat us differently (even company to company) USERRA is a floor, not a ceiling, and is written to prevent unequal treatment among employees. So Fedex may have a company policy that says everyone on unpaid leave after xx days is pulled out of CASS. Is it legal under USERRA? Yes, even if company B policy maintains all unpaid leave employees in CASS after xx days.
This is germain to the original question in this thread. Hope it helps.
BTW, where is the party