USERRA, Delta and the ESGR
#11
As always, a few bad apples give the rest of us a bad name. Not that I agree with the "one person craps their pants, everyone wears diapers," way of doing business.
#12
Banned
Joined APC: Sep 2015
Position: 3+ hour sit in the ATL
Posts: 1,982
I signed up to this forum just to comment on these USERRA posts.
For several years now, it has been apparent to me there is abuse of the USERRA laws that I find abhorrent. There are a number of pilots getting hired at Delta and once they receive their seniority number - they are dropping orders and heading off to fly a desk at Eglin or some other cushy post. They go away for a couple of years, collect profit sharing on "deemed earnings", accrue seniority - and come back to a potential Captain slot (now "saved" for them courtesy of some LOA or similar). They get trained (some requiring solo only simulator periods and a lot of additional IOE - because they haven't flown a real airplane in years). And when they return to the line, they bump some other pilot down (who has been flying all this time).
A few years ago Delta was having to hire 2.5 military pilots to get 1 full time equivalent.
So I am not at all sympathetic to the complaints about Delta and their interpretation of the USERRA rules.
And yes, I served in the USAFR. Back in my day, you hired on when you were done with your active duty military service. So save me the "we are defending the Country" mantra. 90% of my new hire class served too.
For several years now, it has been apparent to me there is abuse of the USERRA laws that I find abhorrent. There are a number of pilots getting hired at Delta and once they receive their seniority number - they are dropping orders and heading off to fly a desk at Eglin or some other cushy post. They go away for a couple of years, collect profit sharing on "deemed earnings", accrue seniority - and come back to a potential Captain slot (now "saved" for them courtesy of some LOA or similar). They get trained (some requiring solo only simulator periods and a lot of additional IOE - because they haven't flown a real airplane in years). And when they return to the line, they bump some other pilot down (who has been flying all this time).
A few years ago Delta was having to hire 2.5 military pilots to get 1 full time equivalent.
So I am not at all sympathetic to the complaints about Delta and their interpretation of the USERRA rules.
And yes, I served in the USAFR. Back in my day, you hired on when you were done with your active duty military service. So save me the "we are defending the Country" mantra. 90% of my new hire class served too.
That's about as tone deaf a post I've seen here in a long time.
You should be ashamed of yourself.
#13
Gets Weekends Off
Joined APC: May 2011
Posts: 402
In my new hire class one guy was very open he'd get done with IOE and head back for mil until he could hold a good line in base. He wanted to make sure the instructor knew that when he started explaining reserve.
Navy FA18, a guy who gets his pick of places to work, and the whole class knew it because he told us in class and then at the dinner.
I really don't think a civilian guy could say the equivalent and not get fired that day.
Navy FA18, a guy who gets his pick of places to work, and the whole class knew it because he told us in class and then at the dinner.
I really don't think a civilian guy could say the equivalent and not get fired that day.
Did that guy break the law? Although in very poor taste, the F18 guy was actually serving a role in the defense of this country, and whether he did it voluntarily or not, is irrelevant. The country needs Reserve members to/for our nations security, and they are protected under law. Period.
Would you prefer that the reserve slot goes infilled, and then they actually put another AD guy on back to back deployment/ orders? (Take a look at active duty retention rates and tell me that’s a great idea) Or worse, a slot is infilled and our war fighting capability Is degraded?
Look, there is a reason that USERRA was written into law in the first place, and it’s because people couldn’t serve their country and be employed by a civilian with out penalties. Do you think the law was written for the member? I think it was written for our country, in order to capture that manpower they so desperately needed and to this day rely on so heavily.
For every member that has gotten a good deal or benefited from it, there are literally thousands of other suck stories.
Its the law, just say thank you and move on.
#14
Gets Weekends Off
Joined APC: Apr 2018
Posts: 295
The law needs to be revised. No one has issues with deployment orders. It’s the small minority that use it for avoiding crappy seniority (and that’s usually the plan from day 1) or avoiding holiday flying with a few days worth of orders.
BL. The law is abused and everyone knows it.
BL. The law is abused and everyone knows it.
#16
New Hire
Joined APC: Mar 2021
Posts: 9
The law needs to be revised. No one has issues with deployment orders. It’s the small minority that use it for avoiding crappy seniority (and that’s usually the plan from day 1) or avoiding holiday flying with a few days worth of orders.
BL. The law is abused and everyone knows it.
BL. The law is abused and everyone knows it.
Buddy in the CPO (and also former USAF) despised the abusers of the USERRA laws as well.
#17
The law needs to be revised. No one has issues with deployment orders. It’s the small minority that use it for avoiding crappy seniority (and that’s usually the plan from day 1) or avoiding holiday flying with a few days worth of orders.
BL. The law is abused and everyone knows it.
BL. The law is abused and everyone knows it.
But fundamentally if the DoD is willing to PAY you to go on orders, the orders are legit and legal. There's no such thing as "hey we don't really need you but if you want to come hang out at the unit for a year instead of going to work we can pay $180K".
You could in theory enact law such that only invol orders can be executed during the first year of one's civilian employment. But two big problems with that idea...
1) The reality is that the vast majority of civilian employers don't care about the first or second year vs. other years. Really the only people that care are airline people and even then it's only low/mid seniority FO's.
2) Most civilians change jobs a lot more often than airline pilots (especially mil who are mostly at a career-destination job). USERRA isn't a special carve out just for pilots, it applies to many other folks too. In some field a job change every two years is about average.
#18
Gets Weekends Off
Joined APC: Apr 2018
Posts: 295
As unit leadership, I discouraged people from banging out for all of year one or two. It only hurts those reservists who come behind you. I would also disapprove requests for such orders at my level, unless of course it was a critical requirement of some sort.
But fundamentally if the DoD is willing to PAY you to go on orders, the orders are legit and legal. There's no such thing as "hey we don't really need you but if you want to come hang out at the unit for a year instead of going to work we can pay $180K".
You could in theory enact law such that only invol orders can be executed during the first year of one's civilian employment. But two big problems with that idea...
1) The reality is that the vast majority of civilian employers don't care about the first or second year vs. other years. Really the only people that care are airline people and even then it's only low/mid seniority FO's.
2) Most civilians change jobs a lot more often than airline pilots (especially mil who are mostly at a career-destination job). USERRA isn't a special carve out just for pilots, it applies to many other folks too.
But fundamentally if the DoD is willing to PAY you to go on orders, the orders are legit and legal. There's no such thing as "hey we don't really need you but if you want to come hang out at the unit for a year instead of going to work we can pay $180K".
You could in theory enact law such that only invol orders can be executed during the first year of one's civilian employment. But two big problems with that idea...
1) The reality is that the vast majority of civilian employers don't care about the first or second year vs. other years. Really the only people that care are airline people and even then it's only low/mid seniority FO's.
2) Most civilians change jobs a lot more often than airline pilots (especially mil who are mostly at a career-destination job). USERRA isn't a special carve out just for pilots, it applies to many other folks too.
I also agree with you that it hurts those that don’t game the system.
#19
For a data point, for the pre 9/11 guys.
I joined in 97. (Enlisted reservist)
Commissioned in 01.
Active 01-2012
Reservist again 2012-now
I'm on my 15th deployment over 90 days.
10th that's over 210 days. (Have been gone up to 14 months straight at one point)
If this deployment ends as scheduled I will have done 111 months deployed in 24.5 years.
9-1/4 YEARS
That's like 37% of my time in the military is deployment. I didn't even attempt to add training dets, short underway, etc. Considering I've been a reservist for about half of the time, thats a ton of deployments.
When I was active duty I was spending well over half my time deployed.
And I was pretty much fleet average.
Squadron deployment. Then an IA, then as soon as you get back from that, squadrons deploying again.
Do another IA. Go to shortened shore tour. Back to a fleet squadron. 7 month cruse becomes a 9 month then get surged.
Go to reserves, 330 day to Afghanistan. After that keep on either getting tapped at min dwell for something that sucks, or volunteer early and waive dwell and get something that's less sucky.
The reserves have been ridden hard and put away wet going on 20 years now.
I just hit the burnout / IDGAF point this week because of all the covid insanity on top of standard deployment stuff.
3 star staff counting down the days until im forced out.
I'm honestly hoping they don't grant continuation or promote me at this point.
Sent from my SM-G965U1 using Tapatalk
I joined in 97. (Enlisted reservist)
Commissioned in 01.
Active 01-2012
Reservist again 2012-now
I'm on my 15th deployment over 90 days.
10th that's over 210 days. (Have been gone up to 14 months straight at one point)
If this deployment ends as scheduled I will have done 111 months deployed in 24.5 years.
9-1/4 YEARS
That's like 37% of my time in the military is deployment. I didn't even attempt to add training dets, short underway, etc. Considering I've been a reservist for about half of the time, thats a ton of deployments.
When I was active duty I was spending well over half my time deployed.
And I was pretty much fleet average.
Squadron deployment. Then an IA, then as soon as you get back from that, squadrons deploying again.
Do another IA. Go to shortened shore tour. Back to a fleet squadron. 7 month cruse becomes a 9 month then get surged.
Go to reserves, 330 day to Afghanistan. After that keep on either getting tapped at min dwell for something that sucks, or volunteer early and waive dwell and get something that's less sucky.
The reserves have been ridden hard and put away wet going on 20 years now.
I just hit the burnout / IDGAF point this week because of all the covid insanity on top of standard deployment stuff.
3 star staff counting down the days until im forced out.
I'm honestly hoping they don't grant continuation or promote me at this point.
Sent from my SM-G965U1 using Tapatalk
#20
Precisely my point. The new hire that flew a desk at Eglin to avoid crappy seniority? I met him and he was not shy about how he was using USERRA and Delta couldn't do a thing about it. Legal? I guess so. Honorable? Not in my opinion.
Buddy in the CPO (and also former USAF) despised the abusers of the USERRA laws as well.
Buddy in the CPO (and also former USAF) despised the abusers of the USERRA laws as well.
I’m shocked that you have a friend in the CPO. Can we go back to last week when you weren’t on this forum please?