Userra Collective Bargaining Agreement

· Review workplace practices and guidelines and collective agreements to ensure that benefits such as leave provisions for employees on military leave are treated in the same way as for other employees. USERRA does not expressly require employers to pay or provide benefits for workers. However, the law and rules require employers to grant rights and benefits without seniority to similar workers under a “contract of employment, agreement, directive, practice or plan in force at the worker`s workplace”. If the benefits without seniority vary according to the type of leave, the worker must receive the most favourable treatment granted to comparable leave. It is likely that the complaints will continue to escalate, given that the Department of Civil Rights of the Department of Justice assumes responsibility for litigation under USERRA. Recently, the Department of Justice filed a class action lawsuit against a major airline claiming that pilots on military leave were treated differently under a collective agreement than pilots on other forms of leave. The rules provide guidelines on how an employee`s rate of pay is determined at the time of return from work, taking into account wage increases, level increases, performance increases, or periodic increases that the worker would have obtained with “reasonable security” if the worker had continuous employment. The rules establish that when an employer considers whether performance or performance gains would have been achieved with sufficient certainty, an employer may examine the history of work, the history of wage increases, and the history of workers` work and wages in the same position or under similar conditions. . . .

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