Go Back  Airline Pilot Central Forums > Career Builder > Military
Part 135 freight and Reserves? >

Part 135 freight and Reserves?

Search

Notices
Military Military Aviation

Part 135 freight and Reserves?

Thread Tools
 
Search this Thread
 
Old 12-30-2009 | 03:55 PM
  #1  
detpilot's Avatar
Thread Starter
Line Holder
 
Joined: Oct 2005
Posts: 1,262
Likes: 0
From: Trying not to crash
Default Part 135 freight and Reserves?

I know a lot of people make the 121 airline job work with working at a guard/reserve unit, but what about pilots with those airnet/ameriflight type jobs- Is it possible scheduling wise? Anyone doing this? Thanks!
Reply
Old 12-31-2009 | 09:19 AM
  #2  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,905
Likes: 691
From: Engines Turn or People Swim
Default

It should not be too hard for the company since those pilots often have a fixed route they fly, and a scheduled operation should be able to assign reserves comfortably in advance. Ultimately, you have the right to do it and a large operation needs to have reserves for that sort of thing.

Fly-by-night operators might resort to pilot intimidation for a lot of things, but many of those companies have federal contracts (mail, etc) and don't want a reputation for abusing military reserves.

Most aviation jobs are more compatible with military service than most management/white-collar jobs. Pilots are just a commodity and easily interchangeable (at some cost)...we don't have unique skills and knowledge in the organization.

The only flying job which would be problematic is the owner who employs one or two pilots. If he can't use his jet 4-6 days out of the month (and several weeks a year), he would likely get rid of you.
Reply
Old 12-31-2009 | 11:11 AM
  #3  
detpilot's Avatar
Thread Starter
Line Holder
 
Joined: Oct 2005
Posts: 1,262
Likes: 0
From: Trying not to crash
Default

Thanks for the post, that's just what I was wondering about. I need to read more about the rights a reservist has.
Reply
Old 01-01-2010 | 05:09 AM
  #4  
navigatro's Avatar
Permanent Reserve
 
Joined: Aug 2007
Posts: 1,721
Likes: 12
Default

Google "USERRA"

Uniformed Services Employment and Re-employment Rights Act

That is the Federal Law, that applies to ALL employers, that governs military leave

Basically, your employer must let you off of work for any military duty, and cannot punish you in any way for taking military leave.
Reply
Old 01-01-2010 | 08:21 AM
  #5  
On Reserve
 
Joined: Jan 2008
Posts: 24
Likes: 0
From: B757
Default

Originally Posted by detpilot
Thanks for the post, that's just what I was wondering about. I need to read more about the rights a reservist has.
A good place to start your reading:

Electronic Code of Federal Regulations:

It's a link to the Department of Labor’s Rules under USERRA – These rules are to USERRA what the FAR’s are to the Civil Aviation Act, only in a much more user-friendly “question and answer” format.
Reply
Old 01-01-2010 | 11:00 AM
  #6  
rickair7777's Avatar
Prime Minister/Moderator
Veteran: Navy
 
Joined: Jan 2006
Posts: 44,905
Likes: 691
From: Engines Turn or People Swim
Default

Also google ESGR, this is the federal organization which "enforces" USEERA. They work with employers and service members to resolve issues, but don't have actual federal law enforcement powers (that may change soon).

In extreme cases, they can request that the justice department file suit against employers.
Reply
Old 01-02-2010 | 04:29 PM
  #7  
On Reserve
 
Joined: Jan 2008
Posts: 24
Likes: 0
From: B757
Default

The gamut of USERRA compliance resources:

ESGR: (Employer Support of the Guard and Reserves) Is part of the DOD. It has neither investigative nor enforcement powers. It's mission is to inform and liaise between employer and military member. I have found it very helpful in resolving some issues between military members and civilian employers, particularly where the employer is merely ignorant, but willing to comply with the law.

VETS: (Veterans Employment and Training Service) Is part of DOL. It is charged by Congress as the keeper of USERRA. It has investigative powers (can subpoena witnesses and documents, compel testimony, etc.) but no enforcement powers. I've found it very helpful in issues where the employer needs a little nudge to comply with the law -- nothing like a letter from a Department of Labor Attorney saying, "I think you ought to ... ." If VETS finds a case egregious enough, or involves enough military members, it will refer it to:

DOJ: Has investigative and enforcement powers (can sue or prosecute people and companies). Usually only takes on USERRA cases that impact many plaintiffs. Eg. Woodall v. American Airlines where AA was denying a legal entitlement to all of its military pilots.

Private Counsel: Your own lawyer. "Knowing violations" of USERRA entitle plaintiffs to double damages plus attorneys fees; so if the company is a really bad actor, a lawyer may be interested in your case.
Reply

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are On
Pingbacks are On
Refbacks are On



Your Privacy Choices