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U.S. Office of Special Counsel
1730 M Street, N.W., Suite 218
Washington, D.C. 20036-4505
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OSC Wins Settlement
From Army Corps of Engineers ‘Dead-End’ Case Results in Serviceman Recovering Back Pay, Benefits, Promotion
FOR IMMEDIATE RELEASE - 6/27/06
CONTACT: LOREN SMITH, 202-254-3714,
lsmith@osc.gov
WASHINGTON – The U.S. Office of Special Counsel
yesterday announced that the Merit Systems Protection Board (MSPB) approved
OSC’s settlement of a case filed under the Uniformed Services Employment and
Reemployment Rights Act of 1994 (USERRA). USERRA is the federal law that
protects the civilian careers of persons who perform military service.
OSC filed the case against the U.S. Army Corps of
Engineers in Jacksonville, Florida, on behalf of Russell G. Jones.
Jones was an Environmental Engineer at the Army Corps’s Jacksonville District
when he received orders from the U.S. Air Force to report for active duty. He
served for over two years and requested reemployment after being honorably
discharged. The Army Corps denied his reemployment request on the grounds that
it was untimely.
Jones initially sought assistance from another agency
that did not believe his case had merit. He then turned to OSC. OSC reviewed his
case, disagreed with the earlier determination, and sued the Army Corps before
the MSPB.
Special Counsel Scott Bloch believes this case
illustrates OSC’s unwavering commitment to, and effectiveness in, enforcing the
reemployment rights of federal employees who serve in the military. “The message
that I want our brave service members to hear loudly and clearly is, don’t worry
about your civilian jobs while you are deployed,” explained Bloch, “because OSC
will vigorously enforce your reemployment rights.”
Bloch also expressed his appreciation to the Army
Corps. “I thank [the Army Corps] for diligently working with my staff to resolve
this matter. The Federal government is expected to be a model employer under
USERRA, and, in the end, the Corps rose to that level.”
Under the settlement agreement, the Army Corps will
reemploy Jones in his former position of Environmental Engineer, pay him a large
lump sum to account for lost wages, make contributions to his Thrift Savings
Plan account, and restore his annual and sick leave. The agreement also provides
that he be placed on leave without pay for approximately one year to complete
his master’s degree. For purposes of rights and benefits based upon seniority
and length of service, such as within-grade increases, career tenure, leave rate
accrual, and retirement benefits, the Corps will treat him Jones as if he never
left the agency.
Furthermore, the Army Corps has already reviewed its policies and procedures to
ensure that employees departing for military service are processed properly and
informed of their rights and obligations under USERRA. As part of the settlement
in this case, the Corps will also provide USERRA information to all Jacksonville
District employees via e-mail, post informational posters on USERRA, and include
links to USERRA information on its website.
USERRA prohibits discrimination against persons because
of their service in the Armed Forces Reserve, the National Guard, or other
uniformed services. USERRA prohibits an employer from denying any benefit of
employment on the basis of an individual’s membership, application for
membership, performance of service, application for service, or obligation for
service in the uniformed services. USERRA also protects the right of veterans,
reservists, National Guard members, and certain other members of the uniformed
services to reclaim their civilian employment after being absent due to military
service or training.
Pursuant to a demonstration project established by the
Veterans Benefits Improvement Act of 2004 (VBIA), P.L. 108-454, OSC, rather than
the Department of Labor’s Veterans Employment and Training Service (VETS), has
the authority to investigate federal sector USERRA claims brought by persons
whose social security number ends in an odd-numbered digit. Under the project,
OSC will also receive and investigate all federal sector USERRA claims
containing a related prohibited personnel practice allegation over which OSC has
jurisdiction regardless of the person’s social security number.
***
The U.S.
Office of Special Counsel (OSC) is an independent investigative and
prosecutorial agency and operates as a secure channel for disclosures of
whistleblower complaints. Its primary mission is to safeguard the merit
system in federal employment by protecting federal employees and applicants
from prohibited personnel practices, especially retaliation for
whistleblowing. OSC also has jurisdiction over the Hatch Act and the
Uniformed Services Employment and Reemployment Rights Act (USERRA). For more
information please visit our web site at
www.osc.gov or call 1 (800) 872-9855.
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