USERRA and 401k make up

T

This is My Screen Name

Well-Known Member
I'm fixing to return to my airline job after a lengthy MIL leave. While reading Union emails recently I was quite disturbed to read that the company hasn't been participating in 401k makeups. Obviously this is in direct violation of USERRA laws. This is what brings me to this posting - this is my first Union job. The Union is currently working with ESGR to fix the problem. To what extent do I have to rely on the Union to solve this and what point could I hire my own lawyer if need be ?
 
Autothrust Blue said:
More or less anytime you like, of course.

If the union's working the problem, though, I'd let them work the problem.
Click to expand...

Depending on a "mediator" with no real power to negotiate that the company comply with federal regulations... that doesn't give me the warm fuzzies.

There is nothing to mediate, comply with the law.

How in the heck they aren't being fined, arrested, investigated, etc is beyond me.

Thanks for the answer though :)
 
This is My Screen Name said:
Depending on a "mediator" with no real power to negotiate that the company comply with federal regulations... that doesn't give me the warm fuzzies.

There is nothing to mediate, comply with the law.

How in the heck they aren't being fined, arrested, investigated, etc is beyond me.

Thanks for the answer though :)
Click to expand...
07B89120-B48D-45FB-AF1D-49AF6CD16790.jpeg


...
BobDDuck said:
A Federal Court would most likely not accept the case until mediation and arbitration is completed. This isn't considered a major dispute under the RLA.
Click to expand...
Yeah, so, it's like there's a process...
 
BobDDuck said:
A Federal Court would most likely not accept the case until mediation and arbitration is completed. This isn't considered a major dispute under the RLA.
Click to expand...

This isn't a negotiated item in the contract though, this is federal law, hence the original question.

Compliance with the law isn't optional last I checked.

And yes actually, first time, does that make it any less right ?
 
Have your ESGR ombudsmen contact the HR.

You’re right, it’s not an interpretation of the CBA, it is codified law.

Issues get solved real quick when the Department of Labor is asking the questions, ask me how I know...
 
mastermags said:
Is this the one time we are telling people to listen to pilots and to not get an attorney?
Click to expand...

No. The union has an army of attorneys. Including ones who specialize in this area of law (assuming he’s at an ALPA carrier).

This is My Screen Name said:
This isn't a negotiated item in the contract though, this is federal law, hence the original question.

Compliance with the law isn't optional last I checked.

And yes actually, first time, does that make it any less right ?
Click to expand...

Okay, hoss, hire that attorney if it makes you feel better. They’ll likely be less experienced and knowledgeable about the subject matter than your union attorneys, they’ll cost you tens of thousands of dollars, and in the end, the court will remand it back to the minor dispute process. Have fun with that.
 
SlumTodd_Millionaire said:
No. The union has an army of attorneys. Including ones who specialize in this area of law (assuming he’s at an ALPA carrier).



Okay, hoss, hire that attorney if it makes you feel better. They’ll likely be less experienced and knowledgeable about the subject matter than your union attorneys, they’ll cost you tens of thousands of dollars, and in the end, the court will remand it back to the minor dispute process. Have fun with that.
Click to expand...

Uh, thanks for being snarky ?

Not that anyone asked but I only knew about the 401k catch-up because a fellow Airman who is a civilian fire fighter that was in my class with me just went through this with his fire department. He also happened to be a pre-law student. Anyhow, he hit roadblocks with the ESGR as they have no real power. He got the right person on the phone as stated above by another poster and voila, problem solved.

AS stated in the original question, I don't know how all this Union crap works so I asked - God forbid apparently... thanks for the helpful answers for someone trying to learn.
 
This is My Screen Name said:
Uh, thanks for being snarky ?

Not that anyone asked but I only knew about the 401k catch-up because a fellow Airman who is a civilian fire fighter that was in my class with me just went through this with his fire department. He also happened to be a pre-law student. Anyhow, he hit roadblocks with the ESGR as they have no real power. He got the right person on the phone as stated above by another poster and voila, problem solved.

AS stated in the original question, I don't know how all this Union crap works so I asked - God forbid apparently... thanks for the helpful answers for someone trying to learn.
Click to expand...
The problem with @SlumTodd_Millionaire is not merely that he’s snarky, but that he (and @BobDDuck , and I, for that matter) is correct.

You’ll almost certainly (like, I’m almost absolutely confident now that I’ve read up on it) get the outcome you’re entitled to here. It merely may not happen by 0900 on a Saturday, is all; acquiring your own representation is within your rights but likely a waste.
 
This is My Screen Name said:
AS stated in the original question, I don't know how all this Union crap works so I asked - God forbid apparently... thanks for the helpful answers for someone trying to learn.
Click to expand...

“Union crap”? You mean like the contract that they negotiated for your benefit that protects your pay, benefits and working conditions? You mean the army of people who stand ready to assist you when you stick a wheel in the dirt and the company is ready to toss you to the media wolves? You mean the processes that protect your job from being outsourced to the lowest bidder?

If not that, what crap do you mean, specifically?
 
Richman said:
“Union crap”? You mean like the contract that they negotiated for your benefit that protects your pay, benefits and working conditions? You mean the army of people who stand ready to assist you when you stick a wheel in the dirt and the company is ready to toss you to the media wolves? You mean the processes that protect your job from being outsourced to the lowest bidder?

If not that, what crap do you mean, specifically?
Click to expand...

And all the lowly line pilots did come together and say "Amen"
 
You must log in or register to reply here.
Back
Top