True...some airlines gave folks the benefit of the doubt and let them stay on leave after furlough if they were ARTs. Delta specifically ASKED if I was on MLOA or was a "technician". ART slots are Civilian DOD service jobs also....so that might eliminate any USERRA protection also?

 

Interesting stuff....thank you all.

 

USERRA protects military orders. No 'orders' to an ART slot. You get 'orders' to mil duty from the ART job like everyone else.

So Yes, ART job eliminates USERRA protection to any other employer (like airlines) as they are your new employer. No different than leaving Airline A for Airline B.
Delta or any employer not required to reemploy someone who took an ART job, but would be required to reemploy someone on 'orders', like an AGR job.

 

Yep. You certainly do your HW with regards to USERRA.

I remember a thread that got into crew rest, commuting, etc, but was deleted. I have dug into USERRA trying to research that - but can't seem to locate where it would discuss commute to and from reserve duty, rest etc.
Got any good quick links?

 

dtfl,
I'll start you with this gem for a generic index of USERRA topics. The author co-wrote the current USERRA law and is a retired Navy JAG.

Reserve Officers Association: ROA Law Review Index


Specifically for your question, you are asking about service less than 31 days, over 31 days it is not an issue. I modified this which I wrote for my airline, but it is a real example, explains the same for you and others.


You are thinking of USERRA Section 4312 (e) 1. (a) i, and ii;

"In the case of a person whose period of service in the uniformed services
was less than 31 days, by reporting to the employer--

i. not later than the beginning of the first full regularly scheduled
work period on the first full calendar day following the completion
of the period of service and the expiration of eight hours after a period
allowing for the safe transportation of the person from the place of
that service to the person's residence; or

ii. as soon as possible after the expiration of the eight-hour period
referred to in clause (I), if reporting within the period referred to
in such clause is impossible or unreasonable through no fault of the
person."

Also, refer to your FOM, which all generically require us to be well rested and ready for a full duty day when you report for duty.

FAR's also require a fitness for duty in FAR 121.471 (a) talking about maximum scheduled times with required rest to operate commercially (121/135) and 121.471(f) which discusses that airlines must include deadhead time as duty time. So in effect, must the military, reason it is covered by USERRA in similiar fashion. I won't expand upon the FAR element, but FAR 121.471 and USERRA 4312 (e) back each other and are complementary to us as pilots. Rest assured <g>, you are required to be rested prior to starting your duty with your airline and need to include your commutes which are allowed under USERRA as part of the Military Service.

Example: You are an ANC MD-11 crewmember who lives in Miami, drills
at Charleston AFB flying C-17's. You drill for a week and return from
a mission that lands you at 1130Z on a Tuesday.

Question: You have a ANC pairing that begins 12 hours later at 2330Z.
Can my airline expect you to be on your trip?

Ans. No. you are protected in 4312 (e) 1. (a) i, and ii. Even if you
lived in ANC, you would not be able to travel in time, etc.
What this crewmember needs to do is drop the next pairing for Military service until they could reasonably meet the statute and be fully prepared to fly a full crew duty day upon reporting to ANC. This is interpreted that
one would take the "8 hours" rest upon arriving in ANC.

In other words, if it was me in this situation, I would take an 1130Z
arrival on Tuesday, commute to MIA (my home)after rest if necessary,
lets say it is, so I add 9 hours and commute home that afternoon. It
is now 1930Z Tuesday. It takes 5 hours to MIA. I arrive at "home" at
0030Z on Wednesday. All covered in subsection i. I rest for 8 hours
(0830Z Wednesday) and now begin travel to ANC, it takes 16 hours. Upon
arrival 0030 Thursday), I take 8 hours rest to ensure I can operate
a full crew duty day at my airline. It is now 0830Z on Thursday, a full 45
hours since landing at Charleston. I would request Military Servcie Leave until I could meet all the requirements as required by USERRA/FAR/FOM. In this example, My Military Service Leave request would extend for 2 days beyond my landing time in Charleston.
Ailrline won't give you grief. You are expected to comply with the law, FAR's, and your FOM.
If you lived in ANC, subtract the commute and rest to MIA (13 hours) It
would not change my Military Service Leave request at all.
Hope this helps

 

To answer the original post YES you can get a pilot bonus in the Guard (not sure about the Reserves). If you've had your wings for 10yrs and are on an MPA tour for one year (just like a one year AGR tour), you get $15k, not $25k like on AD...HOWEVER, this is a NGB reg. in writing but sometimes they pay it, sometimes they don't...good luck with it. I have been pretty much on AD in the Guard (MPA not AGR) for 9.5 yrs and get no bonus but my buds I went to UPT with get their $25k yr bonus and I get nothing.

 

Thanks, I knew there was something out there, just hadn't found it. If only the reserves would do the same thing for AGR guys?

 

Gunpig,

AGR is like active duty they just don't have to move, but to get rank they have to wait for someone to die off. Not sure about the ART deal though.

 

COD guys can get it too!

 

Here's a screw job direct from guard bureau. 20 pilots in my unit are on 1 year MPA tours....have been since 9/11. Last year someone found the reg stating that we were eligible for the bonus. Put the paperwork in, and after several months, they grudginly paid it (I won't go into the details, but yes, it was VERY grudgingly). Now comes FY08...we put in the same paperwork, Guard bureau renews the bonus, but puts in a little caveat saying the orders have to run 1 Jan to 31 Dec....orders don't work that way, they are based on the fiscal year not the calendar year. Oh, so sorry, too bad. So they authorized us the bonus only to turn around and insure we can't get it. Our recourse was to send about a dozen individual petitions to the Board of Corrections of Military Records to seek redress on this issue. I want to go to my Senators or Congressman, but I'll give this a few more months to see how it plays out.