CAL MIL questions
11-19-2011 | 09:41 PM
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CAL MIL questions
CAL Mil guys--does the company allow you to keep your CAL ID during a MIL LV period? --specifically I'm asking about availability of the jumpseat while out on MIL.
How is the company to work with for shorter term mil lv usage? Are they flexible if you give as much notice as possible or do they make it difficult?
Thanks in advance. I'm not in a class yet but am contemplating options as these classes are offered.
How is the company to work with for shorter term mil lv usage? Are they flexible if you give as much notice as possible or do they make it difficult?
Thanks in advance. I'm not in a class yet but am contemplating options as these classes are offered.
11-20-2011 | 06:10 PM
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CAL Mil guys--does the company allow you to keep your CAL ID during a MIL LV period? --specifically I'm asking about availability of the jumpseat while out on MIL.
How is the company to work with for shorter term mil lv usage? Are they flexible if you give as much notice as possible or do they make it difficult?
Thanks in advance. I'm not in a class yet but am contemplating options as these classes are offered.
How is the company to work with for shorter term mil lv usage? Are they flexible if you give as much notice as possible or do they make it difficult?
Thanks in advance. I'm not in a class yet but am contemplating options as these classes are offered.
Remember that MIL LOA is NOT a request, it is a notification. You are to give advance notice, if possible. I will argue till I'm blue in the face that I must be fit to fly at both jobs and therefore my MIL LOA will be adjusted accordingly. If you are out less than 30 days, you are not penalized for sick or vacation time. Anything longer and you may not accrue either.
11-21-2011 | 09:06 AM
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reCALcitrant--got the PM--thank you.
UAL was very easy to work with for Mil LV previously and I hope that carries over with the merger. I know it's a notification of Mil duty and not a request but the flt office can still make it difficult or unpleasant to get things done.
As far as mil deferal for a CAL job offer--no other rights are involved as far as I know. Since you're not an employee yet, you don't have an ID card to keep while on mil orders. There will probably be a few guys who show for new guy class, get their ID card, and then go right out on long term orders. They've been screwed enough and if this makes their lives better--more power to them.
UAL was very easy to work with for Mil LV previously and I hope that carries over with the merger. I know it's a notification of Mil duty and not a request but the flt office can still make it difficult or unpleasant to get things done.
As far as mil deferal for a CAL job offer--no other rights are involved as far as I know. Since you're not an employee yet, you don't have an ID card to keep while on mil orders. There will probably be a few guys who show for new guy class, get their ID card, and then go right out on long term orders. They've been screwed enough and if this makes their lives better--more power to them.
11-25-2011 | 08:01 PM
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reCALcitrant--got the PM--thank you.
UAL was very easy to work with for Mil LV previously and I hope that carries over with the merger. I know it's a notification of Mil duty and not a request but the flt office can still make it difficult or unpleasant to get things done.
As far as mil deferal for a CAL job offer--no other rights are involved as far as I know. Since you're not an employee yet, you don't have an ID card to keep while on mil orders. There will probably be a few guys who show for new guy class, get their ID card, and then go right out on long term orders. They've been screwed enough and if this makes their lives better--more power to them.
UAL was very easy to work with for Mil LV previously and I hope that carries over with the merger. I know it's a notification of Mil duty and not a request but the flt office can still make it difficult or unpleasant to get things done.
As far as mil deferal for a CAL job offer--no other rights are involved as far as I know. Since you're not an employee yet, you don't have an ID card to keep while on mil orders. There will probably be a few guys who show for new guy class, get their ID card, and then go right out on long term orders. They've been screwed enough and if this makes their lives better--more power to them.
11-26-2011 | 03:38 AM
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11-26-2011 | 05:12 AM
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Apparently you haven't read this; http://www.ca5.uscourts.gov/opinions...05-CV0.wpd.pdf
From Fifth Circuit:
Section 4311(a) of USERRA provides that service members “shall not be denied . . . any benefit of employment by an employer on the basis of that membership . . .”* USERRA defines “benefit of employment” to include “any advantage, profit, privilege, gain, status, account, or interest.”* Because nothing in the express language of the statute provides for a hostile work environment claim, the Fifth Circuit examined USERRA’s legislative history, case law, and other anti-discrimination statutes...Noting that the breadth of USERRA allows aggrieved employees to bring actions for constructive discharge and for other contractual benefits, the Court found “no reason for an additional non-textual harassment cause of action.”* The Court thus affirmed the district court’s order dismissing Carder’s hostile work environment claims under USERRA and remanded the case for further proceedings on Carder’s other claims.
...Accordingly, the Court finds that, under a plain language interpretation, USERRA does not provide for a hostile work environment cause of action. As such, it is not necessary to look to extrinsic evidence [of a hostile environment] to construe this statute. Under these considerations, the claim must be dismissed.
VI. Conclusion
Based on the preceding discussion, the Court hereby GRANTS Continental’s motion to dismiss in-part and DENIES the motion in-part.
It is so ORDERED. http://pilotlawcorp.com/pdfs/Petitio...Cert-Final.pdf
VI. Conclusion
Based on the preceding discussion, the Court hereby GRANTS Continental’s motion to dismiss in-part and DENIES the motion in-part.
It is so ORDERED. http://pilotlawcorp.com/pdfs/Petitio...Cert-Final.pdf
Last edited by APC225; 11-26-2011 at 04:06 PM.
11-26-2011 | 05:53 AM
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Yea. No kidding. The Fifth Court found that YES Continental was a hostile work environment for reservists but NO it didn't violate the law because USERRA only covered working status, not working conditions. Crazy. A "victory" for the company that they can mistreat reservists as long as their actual employment there is not affected. Must have popped the champagne on that one.
From Fifth Circuit:
It went to Supreme Court:
Can you imagine going to court and saying, yes, we had a hostile work environment for Americans serving their country, but that isn't against the law. Where's 60 Minutes when you need them?
From Fifth Circuit:
It went to Supreme Court:
Can you imagine going to court and saying, yes, we had a hostile work environment for Americans serving their country, but that isn't against the law. Where's 60 Minutes when you need them?
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