Program keeps eye on employment rights of returning soldiers

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WATERLOO - As the 1/133rd returned Wednesday, they likely found that reclaiming their civilian lives is no easy task. Soldiers must undergo reintegration training, catch up with family, organize bills and generally re-adjust to their former lives.

But thanks to people like Tom Smock, State Ombudsman and District 5 Chair for the Employer Support of the Guard and Reserve (ESGR), returning to work is one chore where soldiers receive plenty of support.

The ESGR was founded in 1972 as an agency of the Department of Defense to act as an intermediary between soldiers and employers. Today, more than 5,000 volunteer business, civic, academic and military leaders serve nationally on ESGR committees.

Iowa's ESGR, under the direction of State Chair Barry Spear, has shifted to an educational role for employers on their responsibilities to employees in the military. They are especially concerned with making employers aware of the details of the Uniformed Services Employment and Reemployment Rights Act (USERRA).

Wednesday afternoon, several area businesses who employ military personnel gathered at the Barrett Forum on the Allen College Campus in Waterloo to hear presentations from members of the ESGR, Iowa Workforce Development and the Department of Labor on how to deal with issues regarding military employees.

ESGR program support specialist Rebecca Coady explained that USERRA is a federal law, signed into effect in 1994 to protect the civilian employment of non-full time military service members called to active duty. It also prevents employers from discriminating against potential employees based on their status as a member of the National Guard or Armed Forces Reserves.

The ESGR has no actual enforcement power - that is reserved for the Department of Labor - but rather, it acts as a liaison between businesses and employees to help resolve issues quickly. As state ombudsman, Smock is the go-to guy when conflicts arise between military personnel and civilian employers.

"Ninety percent of the time, we can resolve the conflict with just a little compromise on each side," said Smock.

Both employers and military employees have responsibilities upon a soldier's return to civilian life. In the case of the 1/133rd, the employer must re-hire a military employee "in the job the person would have held had he or she remained continuously employed," possibly a promoted position, "so long as the person is qualified for the job or can become qualified after reasonable efforts by the employer." The soldier, meanwhile, must follow certain procedures for notifying the employer of their call to active duty or drill.

Bertch Cabinet Manufacturing of Waterloo has been recognized by the ESGR as a soldier-friendly employer, going above and beyond the standards set forth by USERRA. Dave Bowles, a Bertch employee since 1989, is among those who returned Wednesday with the 1/133rd.

According to Mitzi Tann, human resource director at Bertch, Bowles' departure and re-integration into the company was not a huge cause for concern. Bowles has worked in the face frame section of the finish mill at Bertch, and he is familiar with most of the labor tasks in that unit.

"We had to shuffle other workers around a bit when he left, and probably had to hire someone just to make up for the loss of hours," said Tann. "I'm not sure if he will perform the same function as before he left, but it will be relatively the same because of his knowledge of all the functions in the finish mill."

In fact, a good portion of the phone calls Smock receives are not directly related to the actual re-hiring of military employees. Many of the conflicts have to deal with insurance, pension plans, time off before returning to work and even how to handle employees who suffered disabilities and post-tramatic stress syndrome.

Smock, who lives in Dunkerton, served in the U.S. Marine Corps in the Vietnam War. Not only does he work for the ESGR, but he also employs members of the Iowa National Guard and the Armed Forces Reserves.

"I can directly relate to an employer who has employees off in the National Guard or Reserves," said Smock.

Not only is it illegal for employers to discriminate against members of the Guard or Reserves, but the state has started giving companies who hire military personnel preferential treatment with respect to government contracts.

On April 26 of this year, Governor Chet Culver signed House File 849 into law. The bill gives preferential treatment on similar bids to companies who have received "Star Awards" from the ESGR. Those awards are given to companies who go beyond their legal obligations to provide support to military personnel.

Smock and company figure to be busy in the coming weeks as the 1/133rd re-integrates into the workforce. But they hope their efforts to educate employers will pay dividends in resolving disputes with less intermediation.

Contact Drew Andersen at (319) 291-1418 or drew.andersen@wcfcourier.com.

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