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COESGR Newsletter June

COESGR Newsletter June

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06/11/2011

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June 2011
Welcome to Colorado ESGR. Our purpose is to have an informative newsletter that will edu- cate, inform, and promote service by and to ESGR while fulfilling our mission of supporting Employers, Guard/Reserve members, and COESGR Volunteers. 
Inside this Issue
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3
Governor’s Service Awards..……..4
 APAC Awards
...………………….5
 
UnitHighlight……….......…….….6
.……..7
….....10
 
National Site News andInformationJoin Facebook and Twitter and become afriend of Colorado ESGR
 
Colorado ESGR held its Annual Planning and Awards Conference(APAC) on May 21st at the Marriott Hotel, Littleton. Attending theVolunteer Conference were more than 60 volunteers, staff, presentersand guest speakers. Topics of discussion included; VeteransUnemployment, Military/Veterans Employment Expo 23-25 May 2011,Employment Initiative Program, Yellow Ribbon program, Strategic Plan,Outreach Resources, volunteer awards and ending with break-outsessions to update volunteers in their respective directorates.
Colorado ESGR Volunteers attend One-dayAPAC Conference.
 
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June 2011APAC: Guest Speakers
CongressmanEd Perlmutter 
Colonel Mike Jones from the National ESGR spoke about theEmployment Initiative Program, and Colorado Congressman Ed Perlmut-ter (7th Congressional District) remarks included: Working with andresolving transportation issues with a local Iwo Jima Veterans flight,efforts to fund the new VA hospital at the Fitzsimmons medical complex,a recent Asian pacific trip, the value of ESGR and its volunteers for theirwork with veterans and returning service members and the issues ofseriously wounded soldiers, specifically Traumatic Brain Injuries.Thank you Congressman for your visit and special remarks.
Directorate News and Outreach Resources were briefed to the attendees from representatives ofthe following programs: (picture L - r below)
Yellow Ribbon Program, Ms. Suzanne Buemi,CONG Family Programs  Younger Veterans organizations, Mr. Izzy Abbass, VFW Post 1Employment Partnership of the Armed Forces 
 
,Mr. Mark Simonsen Dept of Labor (VETS) 
 
,Mr. Josh McDaniel, Director Military One Source 
 
,Ms Terri Stephens 
Directors L to r, Lynn Albi, Training, IrisFontera, Public Affairs, Joe Ely and MarkCraig, Military Outreach, Tom Ivory,Employer Outreach, Tom Mills, Vice Chair,and Bill Belz, Ombudsman.
End result
= An infusion of veterans and currentlyserving Reserve Component service members intothe Public and private workforce in jobs that reflectand reward their talent and dedication, and theircommitment to the United States and it bestvalues.
Employment Initiative Program Highlights
Reserve Component Unemployment rates:14% listed as unemployed compared to 12.1 % of vet population.
Mission
: Planand execute(highly synchro-nized within DoD/ DoL/VA) activitiesthat enhanceemployment forVeterans, servicemembers andtheir families.
Colonel Mike Thomasfrom NCESGR ad-dressed the EIPProgram. In this timeof economic uncer-tainty, ESGR is focus-ing on connecting employers with the talented pool ofservice members and spouses, with the intent offacilitating meaningful employment opportunities:
 
The Employment Initiative Program (EIP) is acollaborative effort with federal agencies - including theDepartment of Labor (Veterans Affairs), theDepartment of Veterans Affairs, the Small BusinessAdministration and the Office of PersonnelManagement - to create efficiencies, enhance theemployment process and serve as an effectiveresource for service members and employers.
 
 
Col Mike Jones
 
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The mission of the Employer Support of the Guard and Reserve is to “…develop and promote employer support
for Guard and Reserve service by advocating relevant initiatives, recognizing outstanding support, increasing
awareness of applicable laws, and resolving conflict between employers and service members.”
 With the mission of educating employers and service members in the forefront as our Soldiers, Sailors, Marinesand Airmen continue to deploy, each month the newsletter will explore a different aspect of the UniformedServices and Reemployment Rights Act.
June 2011(USERRA) U.S. Supreme Court Ruling
The U.S. Supreme Court rules in favor of Service Member
The 7th Circuit Court decision of Staub v. Proctor was overturned by the U S Supreme Courtin a unanimous decision (with the exception ofJustice Kagan who did not participate in thecase). This was the first Uniformed ServicesEmployment and Reemployment Rights Act(USERRA) case to be heard by the SupremeCourt since the law was enacted by Congressin 1994.
Service member Vincent Staub‟s employment
was terminated from Proctor Hospital in IL.He asserted his immediate and secondarysupervisors were hostile towards his militaryservice. He claimed that his supervisorfabricated allegations of misconduct at hisworkplace due to hostility towards his militaryobligations. Staub alleged the supervisors then presented this information to the Human
Resources Vice President for Proctor who made the decision to terminate Staub‟s
employment. A jury found Proctor liable and awarded Staub damages, but the 7th CircuitCourt reversed the initial court decision stating that the HR VP used more than just theinformation provided by the supervisors when making a decision. This decision wasoverturned by the U S Supreme Court.
 
The supreme court determined that in accordance with general tort and agency law, the VP‟s
decision did not prevent the discriminatory actions of the supervisors from taking place, and
the discriminatory actions could be the cause of the “harm” to the service member. The
 justices ruled this decision is out of compliance with 38 U.S.C. 4311 which forbids
discrimination by an employer regarding “employment, reemployment, retention inemployment, promotion or any benefit of employment” based on an employee‟s membership
in the military service.
The Supreme Court ruled “if a supervisor performs an act motivated by anti
-military animusthat is intended by the supervisor to cause an adverse employment action, and if that act is aproximate cause of the ultimate employment action, then employer is liable under [TheUniformed Services Employment and Reemployment Rights Act of 1994] USERRA.To learn more about this historic case, please visit:http://www.supremecourt.gov/ opinions/10pdf/09-400.pdf 

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