Union Fined for Barring Guard’s Job Return

A West Virginia union has agreed to pay compensation to an Army National Guardsman who was barred from returning to his job after completing military service, in a settlement reached with the Justice Department.

Laborers Local No. 1149, based in Wheeling, West Virginia, has admitted to violating the Uniformed Services Employment and Reemployment Rights Act (USERRA) when it failed to reinstate U.S. Army National Guardsman Elliot Ferrell as an apprentice laborer after his return from three months of basic training in 2014.

The complaint filed with the settlement alleges 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. He 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. Although she immediately sent a check for the full amount owed, the union returned it and refused to rescind the termination, disqualifying Ferrell from further hiring-hall job referrals.

Under the terms of the consent decree, which is subject to approval by the U.S. District Court for the Northern District of West Virginia, the union must pay Ferrell compensation for lost income and agrees that the hiring hall it operates will comply with its obligations under USERRA, including its reemployment provisions.

‘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, we will continue devoting time and resources to protect the men and women who serve in our Armed Forces from unjust actions and illegal burdens.’

The settlement is part of the Justice Department’s ongoing effort to enforce USERRA, a law that gives service members the right to be reemployed in the civilian position they would have attained if they had not been absent for military service, subject to certain conditions.

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