Reserve Officers Association

Improve USERRA
Resolution No. 10-21

WHEREAS, Congress enacted the Veterans Reemployment Act in 1940, as part of the Selective Training and Service Act;

WHEREAS, Congress comprehensively updated the reemployment statute in 1994, and the current law is known as the Uniformed Services Employment and Reemployment Rights Act (USERRA); and,

WHEREAS, the reemployment statute has served our nation well for 70 years, but the law requires constant updating to address new situations not anticipated by Congress and to fill loopholes in enforcement; and,

WHEREAS, more than 750,000 National Guard and Reserve personnel have been called to active duty at least once (some multiple times) since the terrorist attacks of September 11, 2001, meaning that the reemployment statute is important and relevant, now more than ever;

NOW, THEREFORE, BE IT RESOLVED, that the Reserve Officers Association of the United States, chartered by Congress, urge the Congress to enact legislation improving Uniformed Services Employment and Reemployment Rights Act and its enforcement mechanism, with such legislation to include, at a minimum, the following items:

a. Amend USERRA to make it explicit that USERRA overrides contracts, collective bargaining agreements, state laws, and other matters that limit procedural as well as substantive USERRA rights or that impose additional prerequisites upon the exercise of USERRA rights (thus overriding agreements to submit future USERRA disputes to binding arbitration).

b. Amend USERRA to provide that a state government must, as a condition precedent to receiving any federal assistance for any purpose, waive sovereign immunity and immunity from suit under the 11th Amendment of the United States Constitution and thus enable state employees, former state employees, and prospective state employees to enforce their USERRA rights against the state, as an employer.

c. Amend USERRA to clarify the definition of “successor in interest” to include functional successors (companies that have taken over a function or contract and most of the employees that pertain to the function or contract) as well as financial successors (through merger or acquisition).

d. Enhance remedies and enforcement procedures, especially with regard to the Federal Government as the civilian employer.

Adopted by ROA National Convention 10 February 2010
Source: ROA Headquarters - SW