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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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U.S. OFFICE OF SPECIAL COUNSEL FILES PETITION FOR CORRECTIVE ACTION IN
USERRA CASE AGAINST ARMY CORPS OF ENGINEERS
FOR IMMEDIATE RELEASE - 11/10/05
CONTACT: CATHY DEEDS, 202-254-3607,
cdeeds@osc.gov
WASHINGTON – Today, the U.S. Office of Special
Counsel (OSC) filed a petition for corrective action on behalf of a former
employee of the U.S. Army Corps of Engineers, Jacksonville District (agency)
under the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA),
the federal law that protects the civilian careers of persons who perform
military service. OSC represents Russell G. Jones and filed the petition with
the U.S. Merit Systems Protection Board (MSPB).
Upon reviewing Jones’s case, OSC determined that
Jones satisfied the three prerequisites for acquiring reemployment rights under
USERRA, namely: providing the agency advance notice of his intent to perform
military service with the U.S. Air Force (USAF), performing qualifying military
service for the USAF, and requesting reemployment. OSC concluded that the
agency’s failure to reemploy Jones is a clear violation of USERRA because there
was no change in the agency’s circumstances that made it impossible or
unreasonable to reemploy Jones––i.e., the only possible defense for failing to
reemploy in a case such as this. OSC also concluded that the agency violated an
important U.S. Office of Personnel Management regulation requiring federal
employers to inform their employees of their USERRA rights and obligations at
the time they leave to perform military service.
The petition requests that the MSPB order the
agency to a) reemploy Jones to a position same or similar in pay, status, and
seniority to the position Jones would have held had he been continuously
employed, b) provide Jones with all employment benefits based on seniority,
including, but not limited to, all within grade increases in salary, all
promotions, and all other benefits of seniority to which he is entitled, c)
award Jones back pay, plus interest, from the effective date of his
reemployment, and d) make contributions and necessary adjustments to Jones’s
Thrift Savings Plan in accordance with USERRA. OSC also asks the MSPB to order
that agency officials receive USERRA training.
“Upon taking office, I pledged to enforce
vigorously the law that protects the employment and reemployment rights of
service members, and the filing of this petition demonstrates my commitment to
do so,” said Special Counsel Scott Bloch. “Moreover, the filing of this action
on the eve of Veteran’s Day––a day to honor America’s veterans for their
patriotism and self-sacrifices for the common good of our great country––should
cause all federal employers to pause and reflect upon their responsibilities
under USERRA to ensure that employees who step aside from their civilian careers
to perform military service are not forgotten.”
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 and abuse of authority. 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. For more
information please visit our web site at
www.osc.gov or call 1-800-872-9855.
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