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Jason Orcamoon's avatar

I am a retired union pilot who used to represent pilots first under the Veteran Reemployment Rights Act (VRR) and then USERRA: Uniformed Services Employment and Reemployment Rights Act. I am NOT an attorney but worked with labor side lawyers. I am also retired from the Air National Guard.

There is an economic downside to Trump activating 4,000 CA National Guard troops. I would estimate that 90% of those activated gave their employers short notice that they were not coming into work. Many are taking pay cuts, some significant, while being separated from their families. 

USERRA was passed by Congress in 1994 to replace and strengthen VRR. Employers quickly figure out that having an employee who is in the Guard is expensive. USERRA case law demonstrates this tension. These activations will generate USERRA cases.

When you are in a Guard unit, you are mentally prepared for national emergencies like 9/11. Frivolous activations will hurt retention and impact our national security going forward. The SF Chronicle pictures of soldiers sleeping on the floor of a loading dock in LA are a perfect example of what causes retention issues. 

If Trump activates Guard units across our country the economic impact will be significant and our future readiness will suffer.

U.S. Department of Labor (.gov)https://www.dol.govUniformed Services Employment and Reemployment Rights Act

Employer Support of the Guard and Reserve > Home

https://www.esgr.mil/

Law Center - ROA

https://www.roa.org/page/LawCenter

I believe many Guard units' full-time, non-active duty (green card), technicians are represented by unions! https://www.fedsmith.com/2013/07/01/the-uniquely-unionized-national-guard/

Abbott's Guard units are around 29.3% minorities and 32.5% of the whites identify as Hispanic or Latino! Looks like these TX state activated Guardsmen can unionize! https://www.ngaus.org/newsroom/doj-guardsmen-state-active-duty-may-unionize

CA Guard units are around 34.4% minorities and 36.4% of the whites identify as Hispanic or Latino!

https://demographics.militaryonesource.mil/chapter-3-race-ethnicity

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James Vander Poel's avatar

I have not been able to listen to the whole of the rant at Fort Liberty (I expect it will be renamed when the current occupant leaves the Oval Office) - it was too stomach-churning to watch after only a few seconds. And to hear Army troops cheering for his bilge made it all the worse. My colleagues have asked "what are we to do if the military does not stop him and do the right thing by refusing his unlawful orders". We'll see the result soon. The soldiers at that rally are an embarrassment to their unit, as are the Marines who did not have the courage to refuse his order to deploy against civilians in Los Angeles. Shame on them all.

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