BOSTON — This is an official press release from the U.S. Department of Justice (USAO - Massachusetts), published as received.
BOSTON – A federal judge in Boston ruled on Monday, Feb. 1, 2016, that the Iron Workers violate the rights of servicemembers by failing to give them credit for time serving on active duty oversees.
In October 2013, U.S. Attorney Carmen M. Ortiz’s Office filed a civil rights complaint alleging that the Iron Workers violated USERRA (Uniformed Services Employment and Reemployment Rights Act of 1994) by failing to credit U.S. Navy Reserve Member Thomas Shea, a member of the International Association of Bridge, Structural, Ornamental and Reinforcing Iron Workers, Local 7, with service time while he was serving multiple tours of duty in the armed forces in Iraq, Afghanistan (twice), Bahrain, and Kuwait. On Monday, U.S. District Court Judge Nathaniel M. Gorton denied the Iron Worker’s motion for summary judgment, which essentially sought to have the case dismissed, and granted portions of the government’s summary judgment motion.
The Court issued a 28-page decision finding that the Iron Workers’ Pension Plan violates USERRA because it places requirements on servicemembers that are not placed on non-servicemembers. The Court also scheduled several issues related to Shea’s specific claims for trial, including whether Shea properly applied for reemployment following each of his five deployments to Iraq, Afghanistan (twice), Bahrain, and Kuwait. The trial is scheduled for April 25, 2016. Shea remains on active military duty and is currently deployed overseas.
USERRA requires that servicemembers who leave their civilian jobs to serve in the military be treated as not having incurred a break in service with regard to their pension plans and other employment benefits. USERRA further provides that each period served by a servicemember shall, upon reemployment, be deemed to constitute service with the employer maintaining the plan for the purpose of determining the non-forfeitability of the person's accrued benefits and the accrual of benefits under the plan.
The government has alleged that the Iron Workers violated USERRA by refusing to grant Shea pension credits that he earned while on military duty unless and until he (1) worked at least 300 hours in the one-year period following his discharge from the military; and (2) accrued 2.5 pension credits, which is equal to 3,000 hours, in the subsequent five-year period following his release from active duty. Both of these requirements exceed the requirements placed on other members of the pension fund who do not take military leave. The Court found that these requirements violate USERRA. The complaint seeks to have the Iron Workers credit Shea with pension credits he earned while on active military duty and back payment of annuity contributions that were not made while Shea was on active duty.
United States Attorney Carmen M. Ortiz and Delora Kennebrew, Chief of the Employment Litigation Section of the Justice Department’s Civil Rights Division, made the announcement today. The case was investigated by the U.S. Department of Labor’s Veterans Employment and Training Service with the assistance of the Department of Labor’s Office of Regional Solicitor. This case is being handled by Assistant U.S. Attorney Jennifer Serafyn of Ortiz’s Civil Rights Unit and Andrew Braniff, Assistant Director of the Servicemembers and Veterans Initiative of the Justice Department’s Civil Rights Division and Attorney Nadia Said of the Justice Department’s Civil Rights Division, Employment Section.
The protection of servicemembers’ rights is a priority for the U.S. Attorney’s Office. Additional information about USERRA can be found at www.usdoj.gov/crt/emp, www.servicemembers.gov and www.dol.gov/vets/programs/userra/main.htm.
