May 2011

Welcome to Colorado ESGR. Our purpose is to have an informative newsletter that will educate, inform, and promote service by and to ESGR while fulfilling our mission of supporting Employers, Guard/Reserve members, and COESGR Volunteers.
Inside this Issue Employment Expo………………. 1 USERRA Brief…………………. 2 BossLift.. .…....…….……………..3 Unit Highlight……….......…….….4 Colorado ESGR News Events.... .5 Patriot Award Presentations….....6 About Ombudsman……...……... 8 Colorado ESGR Contacts ...... Calendar of Events, Links…....... 9

“Military and Veterans Employment Expo 2011”

Read more

Expo Event Sponsors

Transitioning your skills from the military to civilian work is one of the hardest missions you will ever face. You don’t have to do it alone. Contact us now to get started on your next mission at our website where you can get your questions answered and register to attend this important three day

event, at absolutely no cost to you. Event sponsors and many other governmental agencies, c h a mb e r s of c om me r c e , non-profits, and companies are committed to helping you, our service members and veterans obtain employment here in Colorado.

Learn more. Register at and prepare yourself for that job.

Uniformed Services and Reemployment Rights Act (USERRA)

May 2011

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, Marines and Airmen continue to deploy, each month the newsletter will explore a different aspect of the Uniformed Services and Reemployment Rights Act. LAW REVIEW 1130

Does USERRA Provide a Remedy for Employer Harassment?
By Captain Samuel F. Wright, JAGC, USN (Ret.) Carder v. Continental Airlines, Inc., Case No. 10-20105 (5th Cir. Mar. 22, 2011). 1.2—USERRA-Discrimination Prohibited 1.4—USERRA Enforcement 1.8—USERRA-Relationship Between USERRA and other Laws/Policies

Derek Carder, Mark Bolleter, Drew Daugherty, and Andrew Kissinger are pilots for Continental Air Lines (CAL)[1] and are members of the National Guard or Reserve. They filed a class action lawsuit against CAL in the United States District Court for the Southern District of Texas.[2] The class was certified, and these four named plaintiffs represent a class of all similarly situated CAL pilots, except those who notified the court of their intent to opt out of the class. The class complaint asserts several claims against CAL under the Uniformed Services Employment and Reemployment Rights Act (USERRA). This case is about one count of a multi-count complaint. Section 4311(a) of USERRA provides: ―A person who is a member of, applies to be a member of, performs, has performed, applies to perform, or has an obligation to perform service in a uniformed service shall not be denied initial employment, reemployment, retention in employment, promotion, or any benefit of employment by an employer on the basis of that membership, application for membership, performance of service, application for service, or obligation.‖ 38 U.S.C. 4311(a) (emphasis supplied). In the relevant count of their complaint, the four named plaintiffs and the class that they represent allege that CAL denied them a ―benefit of employment‖ by creating a ―hostile work environment.‖ They accuse CAL supervisors of ―harassing, discriminatory, and degrading comments and conduct relating to and arising out of‖ the plaintiffs’ military service and service obligations."[3] CAL filed a motion to dismiss this count of the complaint[4] under Rule 12(b)(6) of the Federal Rules of Civil Procedure (FRCP). CAL argued, and the District Court agreed, that even accepting the factual allegations of this count as true the plaintiffs are not entitled to any relief (money damages or injunctive relief) that the court can award. CAL argued and the court agreed that USERRA does not prohibit harassment of military members nor otherwise contemplate a hostile work environment action. Under the FRCP, normally there is not an appeal until the district court has resolved all counts of the plaintiffs’ complaint, but under certain circumstances the district court can grant leave to the losing party to file an interlocutory appeal of a district court ruling that resolves part but not all of a case. The district court granted leave to the plaintiffs to file an interlocutory appeal to the United States Court of Appeals for the Fifth Circuit, the federal appellate court that sits in New Orleans and hears appeals from district courts in Texas, Louisiana, and Mississippi……………...

Click here to read more


Bosslift - March 30 - April 1, 2011-

May 2011
Twenty-two Colorado employers gathered in Hangar 909 on Buckley Air Force Base, Wednesday, March 30th for a three day Bosslift to Gulfport, Mississippi. The intent was to experience a bit of what their military employees do when they are in uniform. March 30th began with breakfast, a safety briefing and a send-off by Brig Gen Trulan Eyre, USAF ANG 140 Wing Commander. These employers then boarded a Wyoming, 153rd Airlift Wing C-130 ―Hercules‖ cargo plane for a flight to Little Rock Air Force Base where they joined 17 other Arkansas employers. Day Two of the trip proved informational while the employers visited the 403rd Air Lift Wing, commonly known as the ―Hurricane Hunters‖. Through the trip, briefings were provided by Navy Sea Bees, 81st Air Guard Training Wing, Air National Guard Combat Readiness Training Center as well as various Keesler AFB General Officers and leadership. Our employer group returned to Buckley AFB via C-130 on April 1, 2011.


Unit Highlight -

May 2011

Civil Engineers Deploy In Support Of Relief Operations In Japan Four Citizen-Airmen from the Colorado Air National G u a r d ’s 240th Civil Engineering Flight based at Buckley Air Force Base in Aurora, Colo., deployed March 31, 2011 in support of Pacific Air Forces and Relief Operations in Japan.
240th Civil Engineering Flight (CEF)
The personnel traveled to Joint Base Pearl Harbor-Hickam, Hawaii, to provide support to the command and control civil engineering element of PACAF as part of Operation Tomodachi. ―We’ll be helping the people of Japan using the same civil engineering capabilities that we use to support civil authorities during domestic emergencies here at home,‖ said Brig. Gen. Trulan A. Eyre, 140th Wing commander. ―This mission is going to task us, as engineers, to help with some of the reconstruction and the civil support following the disaster in Japan. This falls into our realm of expertise and directly ties into our domestic mission as military first responders to disasters in the U.S.,‖ said Col. Mike Crader, 240th CEF chief of readiness. The Airmen will be leaving their families and civilian jobs for 45 days. There is a possibility one or all of the Airmen will be forward deployed to Japan. The 240th Civil Engineering Flight (CEF) is unique in that it is a Headquarters PACAF-gained unit and only one of six units like this in the Air National Guard and Air Force Reserve. This unit has command and control of civil engineering assets at the MAJCOM, Numbered Air Force (NAF), and joint task force levels. Their expertise lies in operational planning, engineering design, construction management, fire fighting, and expeditionary site planning and reporting. Past missions have required the unit to deploy to Afghanistan, Iraq, Korea, Japan, Singapore, Alaska and Hawaii, among other places.


NewsApril 15, 2011

Former Governor BILL RITTER and PETER H. COORS, Chairman, Molson Coors Brewing Company have joined Colorado ESGR’s Senior Advisory Council
“The Coors family and the Molson Coors Brewing Company are long time supporters of our country’s Guard and Reserve and all our military,” Peter Coors said. “And I am honored to serve on the Senior Advisory Council for Colorado ESGR.”

Bill Ritter remarked “as Governor of the State of Colorado, and before, I strongly supported our nation’s veterans and those currently serving, including our some 13,000 Guardsmen here in Colorado. I am glad to continue my wholehearted support for them through the ESGR’s Colorado Senior Advisory Council.”

On April 25, 2011 Governor John Hickenlooper proclaimed May 23-27, 2011 Colorado Military and Veterans Employment Expo Week. The proclamation was presented to retired USN Reserve Admiral Richard E. Young representing Colorado Support of the Guard and Reserve. The Proclamation recognizes National Guardsman and Reservists who have served, and are serving our nation, our state, and our communities. It also recognizes the skills, education, leadership and dedication they have learned in the military service.

L - r in front; Major General Michael Edwards, Adm Richard Young, Governor John Hickenlooper, Ellen Golombeck Exec Dir Colo Dept of Labor, and Josh McDaniel, U.S. Dept of Labor 5

Adm Richard Young accepts the proclamation from Governor John Hickenlooper

Patriot Award and Statement of Support Presentations-

L-r, Rob Murren, Adam Smith, Ron Carlisle, Tony Flannigan, Jeremy McDonald with Daughter Bethany.

Military Outreach volunteer, Ron Carlisle presented two ESGR Patriot Awards for outstanding support of Jeremy MacDonald to Adam Smith, Operations S u p e r vi so r a n d t o T o n y Flannigan, Supervisor. Operations Manager (Denver) Rob Muren was present for the awards and signed an employer Statement of Support for AlliedBarton Security Services.

“Adam Smith was very supportive of my deployment maintaining constant contact with myself and my family. He kept me informed of any changes or opportunities with Allied Barton and showed interest in my general well being. He even assisted my family by babysitting so that my wife may continue with her schooling.” Jeremy was equally commendatory of Tony Flannigan who “was easily accessible when I had questions and accommodated me when I requested a different shift upon my return to work. Mr. Flannigan was very supportive of my deployment and made my reintegration back into the workplace very easy.” Petty Officer Second Class Jeremy MacDonald, United States Navy Reserve

Master Sergeant Helen "Scotti" Zahn has been with Target for 17 years this April and submitted her civilian employer for an award with the ESGR. The Patriot Award was presented to the store manager, Mr. Deron Feist and staff for their support of MSG Zahn when she is called away for her military job. The presenter is Admiral Dick Young (Ret.) with ESGR (Employer Support for the Guard and Reserve). The other military Soldier is Command Sergeant Major Rob Lawrence also with the Colorado National Guard.

MSG Zahn, Deron Feist, Adm Dick Young

CSM Rob Lawrence

“The team leaders/store leader are very supportive when I do get called to duty even on short notice and that is very comforting when I am called to do notifications and/or casualty assistance missions. I do not have to worry about my civilian job on top of trying to due the best I can at my mission at hand.” Master Sergeant Helen Zahn, Army National Guard.

Military and Veterans Employment Expo - For All National Guard, Reserve and Veterans - May 23-25, 2011 - Jefferson County Fairgrounds 15200 West 6th Avenue Golden, Colorado 80401 - Classes to prepare you for today’s job market - Resume Writing - Employer Panels - Interviewing Skills - Networking - Your First Impression - Jobs in Colorado - Job Fair. Over 40 Employers with Jobs! - One on One Mentorship from hiring professionals - No Cost!

Register Now at
Brought to you by: Colorado Department of Labor and Employment U.S. Department of Labor, Veterans Employment Training Service Colorado National Guard South Metro Denver Chamber of Commerce Colorado ESGR Return 2 Work Colorado Technical University Employment Partnership of the Armed Forces Homeland Security Careers Jefferson County Workforce Center ReadyTalk Inc.

May 2011

Pat O’Flaherty – Staff Director 720.250.1176 Kathleen Dorram – Program Support Manager 720.250.1195 FAX: 720.250.1199 Chandra Hance – Program Support Specialist 720.250.1189 FAX: 720.250.1199

About Colorado ESGR
(In this section is a brief summary of the responsibilities of the different directories within Colorado ESGR)

Ombudsman Directorate
Assist in preventing, reducing or resolving employer or service member misunderstandings regarding employment rights and responsibilities Ombudsman are neutrals in the process of conducting mediation, conflict resolution and relationship building. Ombudsman Roles...
  Educator Mediator

COESGR Business Office 12200 East Briarwood Avenue, Suite 160 Centennial, Co 80112 ESGR National Office 1555 Wilson Blvd., Suite 200 Arlington, VA 22209 1-800-336-4590
State ESGR Chair Richard E. Young, RADM, USN (Ret) State ESGR Vice Chair Tom Mills, Brigadier General, CONG (Ret).

Military Outreach Mark Craig Joe Ely Employer Outreach Tom Ivory Ombudsmen Bill Belz Training Lynn Albi Special Programs Kip Cheroutes kcheroutes@ Speakers Bureau Martin Cobb Public Affairs Iris Fontera

Colorado Springs Willie Jones Douglas County Area Lorin Ricker Fort Collins Robert Fryer Grand Junction Lou Brackett Pueblo Harry Vogel

An Ombudsman Is…
an agent of D.O.D. – A neutral, trained person who advises and mediates: Guardsmen and Reservists, Employers, and Commanders.

An Ombudsman Is Not:
Service Member’s counsel. representative or legal

Ombudsman Services
Ombudsmen are trained ESGR Volunteers at the local level who:   Provides Mediation services (as a neutral) Educate and mediate USERRA issues

ONLY Qualified Ombudsmen who have completed training from ESGR Headquarters can work cases. In order to be an Ombudsman and eligible to work cases, he/she must receive certification training from the National Headquarters ESGR Directorate and maintain qualifications in accordance with National Headquarters criteria (e.g. working required number of cases, continuing education, etc).

Colorado Springs Vacant

James Garrett Carolyn Gunther

Colorado’s ESGR Electronic Newsletter is published not only for the information and benefit of the members of the Colorado ESGR but most importantly to our Guard and Reserve members and their employers. The contents of this newsletter highlight activities and events conducted by Colorado ESGR. Send comments regarding this publication to the Newsletter Editor: James Garrett at 7

MAY 12-15 HQ ESGR Advanced Ombudsman Course, Chicago, IL 15 USMC Family Day, Buckley AFB 21 COESGR Volunteer Conference, APAC, Denver 23-25 Military Veterans Employment Expo, Jefferson County Fair grounds JUNE Emerging Leadership Course, Philadelphia 11 Employer Awards Banquet, Denver 23-26 Emerging Leadership Course, Atlanta 9-12 JULY 14-17 Emerging Leadership Course, San Diego 16 157th Field Artillery Employer Day, Guernsey, Wyo 19 Senior Ombudsman Class, Centennial, CO 21-24 Basic Ombudsman Training Course, Seattle, WA

“Volunteering Does A Body Good”
In an article by Angela Haupt, U.S. News & World Report, researchers say that people who help others tend to live longer. “A variety of studies over the years suggest that, no matter where they begin health wise, volunteers reap physical and emotional benefits, including less stress and depression, and longer lives...volunteers benefit most when programs provide strong organizational support’”
National Site News and Information

Join Facebook and Twitter and become a friend of Colorado ESGR


National Reserve Components

Colorado ESGR Committee Points

90,068 800,844 24%

On active duty as of 12 Mar 011 Mobilized since 01 Sept 2001 US forces deployed outside the US and territories for contingency operations were Reserve Component as of 31 Dec 2010 3,415 Colorado Employers of RC members

1,318,648 Total Reserve as of 31 Dec 10

13,423 Total Reserve Component members in Colorado 1,730 3,335 SoS Signed To date (Since 1/2009) Volunteer Hours FY11

Click On These Important Links
Tips for Employers- Employer Resource Guide— Employer FAQ - Employer Factsheet - USERRA Training 101 - USERRA Training 102 - USERRA Assistance Request Online - DOL/VETS -
Growing circulation—Currently this Newsletter reaches more than 5600 National Guardsmen and 1000 employers from our supporters list, 140 volunteers of Colorado8ESGR, and our social network websites like Facebook.

Sign up to vote on this title
UsefulNot useful