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Old 11-26-2011, 07:53 AM
  #11  
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Originally Posted by APC225
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.
I corrected this as they didn't find it was hostile--just that it didn't matter because of the definition of the word "benefit." A non-hostile work environment is apparently not a "benefit" of this law (though it is a benefit in anti-discrimination laws). Must have been overlooked by Congress. It's still messed up.

Last edited by APC225; 11-26-2011 at 05:05 PM.
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Old 11-26-2011, 11:06 AM
  #12  
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Wow--nothing hostile or difficult about this from CAL pilot managers:

"comments by Continental managers such as the following: “If you guys take more than three or four days a month in military leave, you’re just taking advantage of the system.”; “I used to be a guard guy, so I know the scams you guys are running.”; “Your commander can wait. You work full time for me. Part-time for him. I need to speak with you, in person, to discuss your responsibilities here at Continental Airlines.”; “Continental is your big boss, the Guard is your little boss.”; “It’s getting really difficult to hire you military guys
because you’re taking so much military leave.”

This is quoted from the lawsuit link.
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Old 11-26-2011, 12:05 PM
  #13  
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Originally Posted by leftcoast
Wow--nothing hostile or difficult about this from CAL pilot managers:

"comments by Continental managers such as the following: “If you guys take more than three or four days a month in military leave, you’re just taking advantage of the system.”; “I used to be a guard guy, so I know the scams you guys are running.”; “Your commander can wait. You work full time for me. Part-time for him. I need to speak with you, in person, to discuss your responsibilities here at Continental Airlines.”; “Continental is your big boss, the Guard is your little boss.”; “It’s getting really difficult to hire you military guys
because you’re taking so much military leave.”

This is quoted from the lawsuit link.
I heard a couple of those from a CP at EWR. I laughed in his face. He was a retired active duty Lt Col. from the Army. I don't think he knew what to think when a new hire (6 months) laughed in his face and walked out of his office.

BTW, I only used 30 days my first year. All for a PME course.
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Old 11-26-2011, 12:46 PM
  #14  
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Originally Posted by leftcoast
Wow--nothing hostile or difficult about this from CAL pilot managers:

"comments by Continental managers such as the following: “If you guys take more than three or four days a month in military leave, you’re just taking advantage of the system.”; “I used to be a guard guy, so I know the scams you guys are running.”; “Your commander can wait. You work full time for me. Part-time for him. I need to speak with you, in person, to discuss your responsibilities here at Continental Airlines.”; “Continental is your big boss, the Guard is your little boss.”; “It’s getting really difficult to hire you military guys
because you’re taking so much military leave.”

This is quoted from the lawsuit link.
The company has a problem in the way PBS is implemented, which is ironic since THEY wrote the entire PBS section of the contract. They want all absences to be loaded into a pilot's schedule before PBS is run. Problem is, many reservists don't know their drill days for they next month until after PBS is run. Consequently, trips that conflict with drill get dropped and have to be covered within the company's woefully inadequate work rules and staffing model.

Poor planning on their part does not constitute an emergency on ours. Hire 500 more pilots.

Last edited by APC225; 11-26-2011 at 01:52 PM.
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Old 11-26-2011, 05:16 PM
  #15  
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As alleged in Petitioners’ complaint, Respondent’s harassing conduct and comments towards Petitioners have included the following:
1. Placing onerous restrictions on taking military leave and arbitrarily attempting to cancel military leave.
2. Respondent’s disapproval and denial of military leave notices.
3. Phone calls to pilots’ homes while off duty in order to question pilots about their military leave.
4. Comments by Respondent’s managerial employees, such as:
• “If you guys take more than three or four days a month of military leave, you’re just taking advantage of the system.”
• “We don’t hire part-time pilots. Their first commitment is to CAL [Continental Airlines].”
• “I’m trying to run a business here, and if you’re only available to me half the time, then I have to hire another half an employee to make up for you.”
• “I used to be a Guard guy, so I know the scams you guys are running.”
• “Continental is your big boss, the Guard is your little boss.”
• “You don’t do anything but protect the state of Michigan against the Canadians” in response to a Michigan Air National Guardsman’s request for military leave.
• “You take too much military leave.”
• “Continental is not happy with many military reservists right now. Short notice orders and short notice requests screw up their staffing formula and any short notice issues (in some cases 50 days notice) will throw a monkey wrench in PBS [preferential bidding system].”
• “You need to choose between CAL and the Navy”


Remember, this was happening at the height of the Iraq/Afganistan wars. And, the courts did not determine this behavior by the company did not happen, only that it didn't matter whether it happened or not. The company lawyers stood proud that day.

Last edited by APC225; 11-26-2011 at 09:42 PM.
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Old 12-11-2011, 12:43 PM
  #16  
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Default Fixing the hole in USERRA

House Passes Bill to Extend Hostile Work Environment Protections to Service Members | Federal Employment Attorney | Washington DC Attorney | Military Lawyer | USERRA | MSPB | EEOC | Tully Rinckey PLLC

Hopefully this legislation will pass.
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Old 12-14-2011, 07:51 AM
  #17  
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The good news now is that all MIL LV drops outside of 24 hours can be accomplished online. I rarely do greater than 30 days at a time, but occasionally do 2-3 week stretches. I don't call them and they don't call me, so as of late it has been no hassle. This may all depend on who is your ACP is of course.
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Old 05-07-2013, 04:54 PM
  #18  
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.............

Last edited by APC225; 05-07-2013 at 05:20 PM.
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Old 05-07-2013, 07:01 PM
  #19  
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Originally Posted by ugleeual
What about the UAL furloughed who are using mil leave differal when called by call? They get id and benefits?
They just say no. It isn't a proper recall per se so there is no mil leave deferral. Once SLI is complete they will be offered a recall a s them still have time to defer. They never got a CAL ID and their UAL benefits and recall still apply.
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Old 05-07-2013, 07:24 PM
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A lot of the hostilities have disappeared. All of the offenders have been removed or retired from the CPO. It was wrong what they did and some got worried that it was going to get ugly. I even had a run in back I the day with the old IAH CP. He wanted to intimidate me about my military obligation. I was on probation but didn't buy his hard sell. Told him I would be happy to talk more about it with a Union rep and my lawyer. He backed down immediately and even tried to joke around with me.

Also, I put my military time on after PBS awards and not before. I make my schedule livable and enjoyable. No one has called me about it.
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