|
|
|
|
|||||||
The ESGR Ombudsman Services Program was established to provide information, counseling, and mediation on issues related to the Uniformed Services Employment and Reemployment Rights Act (USERRA). ESGR Ombudsman Services consists of a Customer Service Center to answer phone calls and e-mails involving USERRA questions. ESGR Ombudsmen are volunteers located throughout the US and US Territories.
by Maj. Andra Duskie ESGR Headquarters, Arlington, Va.
7/27/2010 - Citizen Airman/Aug 2010 -- James Blakely works in a power plant that is operational 24 hours a day. He has little seniority, having only worked at the plant for six months. Mr. Blakely is also a staff sergeant in the Air Force Reserve and usually drills the second weekend of every month.
Sergeant Blakely's shift supervisor is aware of this and has adjusted his schedule at the plant accordingly. Next month, however, the sergeant will have an additional drill period to attend a class he needs to fulfill his Air Force specialty code requirements. He has just been informed of his placement in the class and tells his civilian supervisor 30 days ahead of time. However, when the new schedule comes out, Sergeant Blakely finds himself on the night shift at the plant during the weekend he is supposed to be attending military school.
Sergeant Blakely questions his supervisor about the schedule and reminds him of his additional military requirement. His supervisor explains that he is only required to support his military training schedule one weekend per month, not two. The supervisor further suggests that Sergeant Blakely can still do both, since his class is during the day, and he will be working the overnight shift that weekend. If not, his absence from work will count as grounds for termination.
Sergeant Blakely, having recently received a briefing from a representative of the Employer Support of the Guard and Reserve regarding his rights under the Uniformed Services Employment and Re-employment Rights Act, considers questioning the legality of his supervisor's decision. However, he decides to just figure out a way to make it work and will do his best to complete both jobs that weekend.
Sergeant Blakely is worried that if he contacts an ESGR representative for assistance, his issue may become a matter of public record and may be perceived negatively in the workplace and small community in which he lives.
Although fictitious, this scenario is typical of the issues members of the reserve components face on a regular basis. Members of the reserve who are having a dispute with their employer regarding military duty don't have to accept the status quo. Advice and help are available.
When seeking to resolve a conflict with a civilian employer, it is important to know all of the available options. ESGR, a Department of Defense agency, can assist in these situations. ESGR ombudsman services can help resolve a situation in a timely manner and get the two-way communication functioning again, while at the same time protecting military members' privacy.
First, it's important for Reservists to understand that they have rights and responsibilities under the USERRA law. This federal law protects Reservists' civilian job under most circumstances while performing military duty, even if they volunteer for duty.
Trained ombudsmen serve at ESGR national headquarters in Arlington, Va., and in ESGR field offices in every state and territory. They are ready to provide information, counseling and, if required, mediation to clear up a misunderstanding between a Reservist and an employer. Services are free of charge, and USERRA case matters are kept confidential.
Federal law and ESGR policy ensure that services are provided with the utmost confidentiality. The Administrative Dispute Resolution Act of 1996 provides confidentiality protection for ESGR's USERRA cases during and after mediation. Essentially, all communications involved in mediating a USERRA case may not be disclosed. ESGR members are not authorized to release USERRA case notes, communications or information.
ESGR policy specifies that an ombudsman or other neutrals assisting the parties shall not disclose information "voluntarily" or through discovery or compulsory process, or be required to disclose any dispute resolution communication or any communication provided in confidence to the neutral. Exceptions allowing disclosure can only occur under the following circumstances:
Privacy Act information is also applicable to all cases. Ombudsmen will maintain security by keeping files protected during a case and destroying and/or deleting information upon closure.
If a Reservist is having an employment dispute, ESGR stands ready to assist and will ensure the person's privacy is protected.
(Major Duskie is the director of military outreach at the Employer Support of the Guard and Reserve's national headquarters in Arlington.)
California Employer Support of the Guard and Reserve Contacts
| Andrew C. Wiktorowicz P.E. State Chairman Bus: 562-936-1746 E-mail: Chairman@caesgr.org |
Region 1: Northern California Office Robert Anderson, Reg. 1 Chair 9800 Goethe Road, Box 37, Sacramento, CA 95826 Ph: 916-854-3106 | Fax: 916-854-3439 |
Region 1 David Lewis, Program Support Specialist E-Mail: david.l.lewis@us.army.mil Tammy A. Cameron, Administrative Support Technician E-mail: tammy.cameron@us.army.mil Ph: 916-854-3746 |
Patrick R. Kuykendall |
Region 2: Central California Office Roxanne Talman/Gilbert Florez, Reg. 2 Chair 4522 Saratoga Ave., Bldg. 15-145 Los Alamitos JFTB, CA 90720 Ph: 562-936-1746 | Fax: 562-936-1748 | Region 2 |
 |
Region 3: Southern California Office Mike Chaplin, Reg. 3 Chair 937 North Harbor Drive., Box 52, Bldg1 4th Floor, Rm 404, San Diego, CA 92123-5108 Ph: 858-414-8727 |
Region 3 |
 |
The appearance of hyperlinks does not constitute endorsement by the Employer Support of the Guard and Reserve (ESGR) or the Department of Defense of this Web site or the information, products or services contained therein. The purpose of reading lists and articles appearing on California ESGR's websiteis to provide visibility with regard to news and information that may pertain to ESGR's mission. For other than authorized activities such as military exchanges and Morale, Welfare and Recreation sites, neither ESGR nor the Department of Defense exercises any editorial control over the information you may find at these locations. Such links are provided consistent with the stated purpose of this DoD Web site.
Copyright 2012 California Employer Support of the Guard and Reserve, a Department of Defense Agency |
California ESGR on Facebook
California ESGR on Twitter
