Laborers Local No. 1149, Violated USERRA, West Virginia 2024

WHEELING, West Virginia – A West Virginia-based union has agreed to settle a lawsuit filed by the Justice Department alleging that it violated the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it failed to reinstate a U.S. Army National Guardsman after his return from basic training in 2014.

Laborers Local No. 1149, based in Wheeling, West Virginia, has agreed to pay compensation to Elliot Ferrell for lost income as part of the settlement, which is still subject to approval by the U.S. District Court for the Northern District of West Virginia.

The Justice Department alleged that Ferrell was gainfully employed through a series of job referrals from the hiring hall operated by the union until his departure for military duty. The complaint alleges that Ferrell notified the union of his impending military duty and was told that his obligation to pay dues would be suspended for the duration of his duty.

However, while Ferrell was attending basic training, the union notified his aunt that it had terminated his apprenticeship because one month’s payment of dues was late, even though she immediately sent a check for the full amount owed. The union refused to rescind the termination, which disqualified Ferrell from further hiring-hall job referrals.

The Uniformed Services Employment and Reemployment Rights Act (USERRA) gives service members the right to be reemployed in the civilian position that they would have attained if they had not been absent for military service, subject to certain conditions. Under federal regulations, when a union operates a hiring hall that refers employees to jobs with employers, both the union and the employers have reemployment obligations to returning service members.

The settlement is the result of an investigation by the U.S. Labor Department’s Veterans’ Employment and Training Service, which referred the matter to the Justice Department after attempts at resolution failed.

“The civilian careers of the men and women in the National Guard should never be adversely affected because they volunteer to serve our country,” said Acting Associate Attorney General Bill Baer. “Through the Servicemembers and Veterans Initiative, the Justice Department will continue devoting times and resources to protect the men and women who serve in our Armed Forces from unjust actions and illegal burdens.”

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