Please, Help me with my Civilian Employer. They make it very hard on members in the reserves! Any Thoughts?

SGT Private RallyPoint Member — Wed, 10 Oct 2018 01:23:55 -0400

My job won't allow me to work the 1st shift the day before drill to allow me to get out at a reasonable time (6:00am to 3:00pm) so I can drive 3 1/2 hours to Houston. The Supervisor and HR said it wasn't in the union contract and that I have to work my required hours 3:00pm to 11:30pm. In order for me to get to the regular 6 am formation I would have to drive through the night 3 1/2 hours to Houston from Dallas and work my duty day on 1 hr of sleep or use all my sick time and vacation time on going to drill every year. Is there anything I can do?

My other problem at work is that we are on mandatory overtime and the company counts my military weekends as my weekend off. They require you to work 3 weekends straight before you get a day off when we are on mandatory which means I rarely get a day off.

I'm aware my job sucks, the stupid thing is that they always boast about how the love the military and are military contracting agency, but treat us like dogshit when it comes to reserve training. Does anyone have any useful advice to help me out with these two issues?

Ps: Taking a unpaid day is also not an option, I will be written up.

Response by LTC Private RallyPoint Member made Oct 10 at 2018 1:34 AM

LTC Private RallyPoint Member — Wed, 10 Oct 2018 01:34:19 -0400

I am a Teamster and my job allows me to take an unpaid day off before and after my drill weekend for my 1500 mile travel by jet from Edmonton to Califonia to my USAR unit. Let me get you some people here with knowledge. COL Mikel J. Burroughs SSG Carlos Madden CSM Charles Hayden MAJ Private RallyPoint Member LTC Private RallyPoint Member SFC Private RallyPoint Member MAJ Private RallyPoint Member LTC Stephen C. SMSgt Minister Gerald A. "Doc" Thomas LTC John Mohor LTC John Shaw SFC Joe S. Davis Jr., MSM, DSL

Response by SSG Brian G. made Oct 10 at 2018 5:17 AM

SSG Brian G. — Wed, 10 Oct 2018 05:17:56 -0400

Short answer is, by law they do not have to give you what you request. They only have to go by what is mandated by law which is to accommodate you on drill weekends ie not holding those days against you and letting you off with no penalty and in the event of you being called up they have to keep your job in the event you return. Past that they do not have to accommodate you in the least.

What you might try to do is work it out with someone at work, on those days where you need off. That is to say that you and the other person switch shifts. Past that and since you are unwilling or unable to use sick and/or vacation time for this, you are just stuck.

My question is more one of how you managed to sell your unit on being out of the 50 mile radius.

Response by PFC Private RallyPoint Member made Oct 10 at 2018 8:35 AM

PFC Private RallyPoint Member — Wed, 10 Oct 2018 08:35:03 -0400

Union or not, hes legally required to let you go to drill. If not, he faces the possibility of 15 years prison time for government harassment

Response by LTC John Mohor made Oct 10 at 2018 9:38 AM

LTC John Mohor — Wed, 10 Oct 2018 09:38:15 -0400

Have you visited the ESGR or USERRA websites? They can explain your rights and employer responsibilities in further detail.

Response by SSG Private RallyPoint Member made Oct 10 at 2018 10:14 AM

SSG Private RallyPoint Member — Wed, 10 Oct 2018 10:14:09 -0400

You mentioned a Union, have you talked to your Union rep?

I don't know what your plans are for the military, but you may want to consider getting into the technician program.

Response by SSgt Boyd Welch made Oct 10 at 2018 10:26 AM

SSgt Boyd Welch — Wed, 10 Oct 2018 10:26:17 -0400

There are several things in play here. Most employers are flexible with members of the NG/ANG/Reserves. If you fall under a union contract, barring a side agreement, the union preserves their membership rights through seniority via the collective bargaining agreement. They can't flex more senior members of the bargaining unit to cover your job unless that agreement exists with the union either specifically or tacitly. Without seeing your CBA it is hard to determine a reasonable fix. Since most employers abide by your military orders, is it possible that your Admin officer can detail your orders to include the additional time necessary for travel to and from your duty?

Response by SSG Alan Pelletier made Oct 10 at 2018 10:55 AM

SSG Alan Pelletier — Wed, 10 Oct 2018 10:55:14 -0400

Educate yourself on what is lawful and not. There are some great responses below. USE THEM!

Response by SGT Private RallyPoint Member made Oct 10 at 2018 2:03 PM

SGT Private RallyPoint Member — Wed, 10 Oct 2018 14:03:47 -0400

Thank you everyone who helped out, the issue has been resolved by the ESGR.
Thanks again Sir (both LTCs) for your assistance, I was able to get the shift change for drill weekends.

As far as the drill weekends counting as days off during mandatory overtime, they haven't replied yet with a response. From what the ESGR said that falls under discrimination and not allowing service members benefits they are entitled to under the contract. I'm hoping that will be resolved as well soon.

Response by MSG Frank Kapaun made Oct 10 at 2018 8:32 PM

MSG Frank Kapaun — Wed, 10 Oct 2018 20:32:22 -0400

You sir work for a bonafide asshole. Find another employer STAT..... If they screw you on this, they will screw you on other things.

Response by CPL Roger Copeland made Oct 10 at 2018 10:40 PM

CPL Roger Copeland — Wed, 10 Oct 2018 22:40:52 -0400

Well, sound like a non-government job, therefore you might want to start looking for another job elsewhere. Because from my experience, most non-government jobs have no written policy to help those in reserved status and real don't care. You will end up spending extra time and energy which could be used towards finding better employment.

Furthermore, it make no sense to work for anyone or any place where you not enjoying the job.

Now, on the other hand, if this is a government agency then you need to run over to HR and check the policy for those that are called for Drill. And don't take no BS because the Federal Government have a policy for that are called to Drill.

Response by SGM Garett Savard made Oct 11 at 2018 10:52 AM

SGM Garett Savard — Thu, 11 Oct 2018 10:52:24 -0400

'Soldier'.... The honor and privilege of being one will require superior endurance, inconvenience and tolerance for the civilian community who have their own focus. You HAVE a job. You have what you have; continue to live honorably, and look for new work that will accommodate your military life more to your liking. Beware of the 'entitlement mentality', brother.