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CAL MIL questions

Old 11-19-2011, 09:41 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.
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Old 11-20-2011, 05:19 AM
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PM me. I'll give you the scoop.
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Old 11-20-2011, 05:06 PM
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PM sent. Hope it helps.
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Old 11-20-2011, 06:10 PM
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Originally Posted by leftcoast View Post
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.
I'll chime in on this. Yes you get to keep your cal ID card and fully authorized in CASS, there is a time limit, I think 2 years.

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.
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Old 11-20-2011, 08:52 PM
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What about the UAL furloughed who are using mil leave differal when called by call? They get id and benefits?
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Old 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.
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Old 11-25-2011, 08:01 PM
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Originally Posted by leftcoast View Post
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.
They shouldn't make anything unpleasant, period. If you ever have an issue contact the MIL Liason in your base. If you don't have one, contact any of the liasons in the CAL bases. Any difficulties will be crushed unless one was warranted.
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Old 11-26-2011, 03:38 AM
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Apparently you haven't read this; http://www.ca5.uscourts.gov/opinions...05-CV0.wpd.pdf
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Old 11-26-2011, 05:12 AM
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Originally Posted by watching6 View Post
Yea. No kidding. The Fifth Court upheld District Court that YES Continental may (or may not) have had 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:
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.
It went to Supreme Court:
...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
Can you imagine going to court and saying, yes, we may have had a hostile work environment for Americans serving their country but, if even if we do, that isn't against the law. Where's 60 Minutes when you need them?

Last edited by APC225; 11-26-2011 at 04:06 PM.
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Old 11-26-2011, 05:53 AM
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Originally Posted by APC225 View Post
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?
I was just thinking of this. Pita.
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