//
you're reading...
Politics, Congress, Investigation, Republicans, FBI, internet, health, Economy, Education, Wikipedia, local news, Press Release, Justice Department, Democrats, meta, Fraud, National News, Environment

PRESS RELEASE: Justice Department Settles Lawsuit Against West Virginia-Based Union for Violating Reemployment Rights of Army National Guardsman

Department of Justice
Office of Public Affairs
FOR IMMEDIATE RELEASE
Wednesday, April 20, 2016

Justice Department Settles Lawsuit Against West Virginia-Based Union for Violating Reemployment Rights of Army National Guardsman

The Justice Department announced today it has reached a settlement agreement with Laborers Local No. 1149, based in Wheeling, West Virginia, resolving claims that the union violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it failed to reinstate U.S. Army National Guardsman Elliot Ferrell as an apprentice laborer after his return from three months of basic training in 2014. As a result of that failure, Ferrell was ineligible to continue to receive job referrals through the union’s “hiring hall.”

USERRA gives service members the right to be reemployed in the civilian position that they would have attained if they had not been absent for military service, subject to certain conditions. Under federal regulations, when a union operates a hiring hall that refers employees to jobs with employers, both the union and the employers have reemployment obligations to returning service members.

According to the Justice Department’s complaint, which was filed with the settlement agreement, Ferrell was gainfully employed through a series of job referrals from the hiring hall operated by the union until his departure for military duty. The complaint alleges that Ferrell notified the union of his impending military duty and was told that his obligation to pay dues would be suspended for the duration of his duty. Then, while Ferrell was attending basic training, the union notified his aunt that it had terminated his apprenticeship because one month’s payment of dues was late. Though she immediately sent a check for the full amount owed, the union returned it and refused to rescind the termination. The union’s action disqualified Ferrell from further hiring-hall job referrals. Under the terms of the consent decree, which is still subject to approval by the U.S. District Court for the Northern District of West Virginia, the union must pay Ferrell compensation for lost income and further agrees that the hiring hall that it operates will comply with its obligations under USERRA, including its reemployment provisions.

“The civilian careers of the men and women in the National Guard should never be adversely affected because they volunteer to serve our country,” said Acting Associate Attorney General Bill Baer. “Through the Servicemembers and Veterans Initiative, the Department of Justice will continue devoting times and resources to protect the men and women who serve in our Armed Forces from unjust actions and illegal burdens.”

“Men and women who defend our freedom should receive our highest level of gratitude, not face barriers of discrimination,” said Principal Deputy Assistant Attorney General Vanita Gupta, head of the Justice Department’s Civil Rights Division. “The Department of Justice will continue to vigorously enforce USERRA to ensure that not only employers, but also unions operating hiring halls that refer employees to jobs, do not violate the rights of service members when they return to civilian life.”

“National Guard members, taking leave to serve our country, must be protected from overt as well as less readily apparent unlawful employment practices upon their return,” said U.S. Attorney William J. Ihlenfeld II of the Northern District of West Virginia. “Our office is committed to ensuring that all service members may return to their pre-service employment without demotion or penalty.”

Ferrell initially filed a complaint with the U.S. Labor Department’s Veterans’ Employment and Training Service, which investigated this matter and then referred it to the Justice Department after attempts at resolution failed.

The Civil Rights Division has given a high priority to the enforcement of service members’ rights under USERRA

Advertisements

About FREDERICA CADE

Most of the information you will see comes from some Federal/state Government documents or Federal/State Governm Agency. -----------------------------------------------The fellow that can only see a week ahead is always the popular fellow, for he is looking with the crowd. But the one that can see years ahead, he has a telescope but he can't make anybody believe that he has it. ~~~~Will Rogers __The woman who follows the crowd will usually go no further than the crowd. The woman who walks alone is likely to find herself in places no one has ever been before.~ Albert Einstein ~"I never work better than when I am inspired by anger; for when I am angry, I can write, pray, and preach well, for then my whole temperament is quickened, my understandingsharpen​ed, and all mundane vexations and temptations depart.” ~Dr. Martin Luther King Jr. _________________________________________________________________________________________ ~"The bosom of America is open to receive not only the Opulent and respectable Stranger, but the oppressed and persecuted of all Nations and Religions; whom we shall welcome to a participation of all our rights and privileges, if by decency and propriety of conduct they appear to merit the enjoyment".~___________________________________ George Washington, Address to the Members of the Volunteer Association of Ireland, December 2, 1783 Fredericacade@gmail.com

Discussion

No comments yet.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s

Frederica Cade’s Blog (Politics, News, Analysis, Investigation, Press Releases, Education, Economics, Internet, News Releases, Featured stories, Fraud, and History, U.S. Laws, Posted stories, Index of reports, meta,Home page)

Blog Stats #

  • 787,283 hits

Frederica Cade’s Archives

Recent Post

March 2017
M T W T F S S
« Feb   Apr »
 12345
6789101112
13141516171819
20212223242526
2728293031  

Frederica Cade’s Blog (Politics, News, Analysis, Investigation, Press Releases, Education, Economics, Internet, News Releases, Featured stories, Fraud, and History, U.S. Laws, Posted stories, Index of reports, meta,Home page)

Politics, local News, National News, Foreign news, Congress, President, Government, Economics, Analysis, Art, Health,Investigation, FBI, Justice Department, Fraud, Press Releases, Health Care, News Releases, Law, and History Tags

2012 Elections Affordable Care Act Alabama Albuquerque ALEC Alexandria American Legislative Exchange Council AMERICAN LEGISLATIVE EXCHANGE COUNCIL (ALEC) Analysis Arizona Atlanta Attorney General Eric Holder California charter schools Chicago Congress Connecticut Democrats Deputy Attorney General James M. Cole Donald Trump Economics Economy Education Environ Environme Environmen Environment EPA FBI Federal Election Commission (FEC) Florida fraud FreedomWorks General Georgia Governor Nikki Haley Grover Norquist Hammond Health Health Care Heritage Foundation HHS Secretary Kathleen Sebelius Hillary Clinton History https://fredericacade.wordpress.com https://fredericacade.wordpress.com/wp-admin/edit.php?category_name=politics-congress-investigation-republicans-fbi-internet-health-economy-education-wikipedia-local-news-press-release-justice-departm Idaho Illinois Inc. Indiana Internet Investigation Iowa IRS jobs Jr. Justice Department Kansas Kara Pally Keystone XL Knoxville Koch Koch Brothers Koch Industries Laws local news Louisiana Maryland Massachusetts Matte Kibbe Memphis meta Miami Michigan Minnesota Mississippi Missouri Mitt Romney Montana Nashville National News Nebraska New Jersey New Mexico News New York Nikki Haley North Carolina Ohio Oklahoma Oregon outsourcing Paul Ryan Pennsylvania Philadelphia Politics President President Obama Press Release Public Schools Puerto Rico record Republicans Rhode Island South Carolina South Dakota Sr. Tennessee Texas Top Story TransCanada Vincent Sheheen Virginia Voting Rights Act Voting Rights Act of 1965 WASHINGTON Washington D.C. West Virginia Wikipedia Wisconsin

Frederica Cade’s Blog (Politics, News, Analysis, Investigation, Press Releases, Education, Economics, Internet, News Releases, Featured stories, Fraud, and History, U.S. Laws, Posted stories, Index of reports, meta,Home page)

Follow me on Twitter

Frederica Cade’s Blog (Politics, News, Analysis, Investigation, Press Releases, Education, Economics, Internet, News Releases, Featured stories, Fraud, and History, U.S. Laws, Posted stories, Index of reports, meta,Home page)