Test fails to resolve USERRA claims issues

[unhappycamper]

Test fails to resolve USERRA claims issues
By Karen Jowers - Staff writer
Posted : Thursday Nov 1, 2007 5:29:46 EDT

Two government agencies fighting for sole control of investigations into National Guard and Reserve members’ complaints about violations of their federal employment rights took their cases before the Senate Veterans’ Affairs Committee on Monday.

And lawmakers are pondering whether a demonstration project designed to help them choose which agency should have that job actually demonstrated anything.

The demonstration project, which began Feb. 8, 2005, divided all reservists’ complaints relating to federal employers’ violations of the Uniformed Services Employment and Re-employment Rights Act between the Labor Department and the Office of Special Counsel. Those with Social Security numbers ending in odd numbers were referred to OSC; those with even numbers went to the Labor Department.

A Government Accountability Office report issued in July did not reach any conclusion about which agency did a better job with the cases, citing problems with the data submitted by both.

“Unfortunately, it is not clear to me that results of the demonstration project and the GAO report provide sufficient evidence to permit this committee to decide on the proper jurisdiction of these claims,” said Sen. Daniel Akaka, D-Hawaii, chairman of the Senate Veterans’ Affairs Committee. “I believe that a good case can be made for retaining jurisdiction by both.”

The demonstration project was ordered by Congress after reservists complained about the length of time that the Labor Department’s Veterans Employment and Training Service took to investigate complaints alleging federal employers had violated their rights under USERRA.


Rest of article at: http://www.armytimes.com/news/2007/10/military_userra_071031w/



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