Question

I believe I am being discriminated against because my veterans’ preference status is not being considered during hiring practices.
I have applied for several positions with Tinker Support Services which is a contract between Tinker AFB and Chugach Alaska Corporation (CAC).
An Electrical Maintenance position appeared on their employment website on 10/07/08.
I contacted HR in HR) to inquire about the position. Peggy explained it was only open for internal hire for 5 days and if no one applies it goes external on 10/14/08.
•     On 10/14/08 the job listing at the CAC website showed the electrical position pen for external hire. I then applied online where there is no questions asked if I was a Veteran. I then called HR to make sure she received the application. She indicated to me that she had and that it was forwarded to RL.
I tried calling HR everyday from 10/20-10/24 to ask if I should bring in my DD 214. All I got was voice mail that week.
•     On 10/14/08 I called RL to verify that he had received my application. He indicated that he had and that there were 3-4 applicants.
•     On 10/17/08 I called RL to see when interviews where going to be conducted and he told me on Tuesday, 10/21/08. I also asked if Veterans Preference was going to apply and he said he did not know.
•     On 10/20/08 I called GO because I heard he was going to be doing the interviews. GO did verify that he had my application but that he was told he had to hire internally.
•     On 10/20/08 I then called the Union IAM 850 president, to ask him if I had a chance for consideration since I was not Union. He told me yes, because the position went public (external) and any internal applicants and external applicants were on an equal playing field.
•     10/20/08 I then Spoke to GO again about Veteran's Preference (VP) when considering who to hire. He did not know if VP was in play and that he would call HR at HR to verify the information. GO then told me to call him back on 10/27/08 at 10am because he was interviewing a guy (internal) at 9am.
•     On 10/27/08 I finally got through to HR at 945am and asked her if I needed to bring in my DD14 as proof of service for VP and she said the job was filled internally and that VP did not apply because they are a private contractor.
•     On 10/27/08 I called GO back to find out what happened with the position because I had not been interviewed and the position was filled. He stated to that he wanted me but had to follow previous hiring practices/policies. I then told him about Veteran Preference and he said I do not know.
•     On 10/27/08, shortly after the above conversation with GO, HR called me to explain that they do not have to consider Veterans Preference because of their Collective Bargaining Agreement with AIM 850 Union.
•     On 10/27/08 I then immediately called the Union (XXX-XXX-XXXX) and asked them about their CBA and how it addressed or affected VP when a job was posted external. They informed me that their CBA does not address Veterans in any way, not for or against. I then asked him if I had been hired, could the internal guy file a complaint because he was not hired. The Union guy said only under special circumstances like the internal guy was on vacation when the internal job listing was done. The Union guy then proceeded to tell me that an external applicant and an internal applicant have to go through the same process to insure fairness was completed to both applicants. The only way the internal guy would have preference was if he applied BEFORE the position went public, and if there was an internal applicant, the position would not have gone public.
•     On 10/28/08 I called GO to ask him if he had been told he had to hire someone from with in the company and he stated he was following previous hiring practices. He would not state specifically if he was or was not.
I have been applying with this company since May of 2008, 4 positions in October alone. All positions have closed out with out so much of an interview.
I was told that VP does not apply to them in the hiring process because of Union and Union says they have no restrictions on VP when hiring. My last discussion with GO brought me to the conclusion that after reviewing all applications, he was required to follow previous hiring policies which lead him to an internal hire. I had worked at Tinker for 23 years as an electrician, an additional 3 years as an electrical foreman, and an additional 5 years with a contractor for a total of 31 years on Tinker AFB.

During my research as to what my rights are I have found the following information for consideration:

On 10/28/08 I was told the name of the person who was hired and informed that he was not a Union Member. He was employed by TSS in the engineering department and they are non-union members. He had to wait the five day period for internal hires only to be over and for the job to go public just like Billie did. So for Peggy to say Veterans Preference was not applied due to Collective Bargaining Agreement with Union was not even a correct excuse as to why Billie was not considered or interviewed. The person hired was not supported by the Union and would not have had in lines of recourse under a collective bargaining agreement if the position was not offered to him.

I was also able to find the following information as to what I think they are in violation of:

Equal opportunity clause in 41 CFR 60-250.5 indicates as follows:
•     Pg 176 2.6.ii Positions which will be filled from within the contractor’s organization means employment openings for which no consideration will be given to persons outside the contractor’s organization……The exception does not apply to a particular opening once an employer decides to consider applicants outside of his or her own organization.

Billie’s applicant was accepted by Peggy and forwarded to individual doing interviews. At this time the exception for them to hire internal only is voided.

•     Pg 175 1 The contractor will not discriminate……. The Contractor aggress to take affirmative action to employ, advance in employment…..protected veterans in all employment practices including the following:
i.     Recruitment, advertising, and job application procedures.

No where in the application process was Billie asked if he was a Veteran or was requesting Veteran Preference. When he asked Peggy if he needed to bring in his DD214 for Veteran status, she said Collective Bargaining Agreement with Union prevented them from doing Veteran’s Preference. The only questions about any type of preference are three questions that ask you if you are a share holder, an Alaskan Indian, share holder spouse or dependent

•     Pg 177 10. The contractor will notify each labor organization or representative of workers with which it has a collective bargaining agreement or other contract understanding, that the contractor is bound by the terms of the Vietnam Era Veterans’ Readjustment Assistance Act of 1974, as amended, and is committed to take affirmative action to employ and advance employment qualified special disabled veterans, veterans of the Vietnam era, recently separated veterans, and other protected veterans.

The union was contacted to see if they had had been notified of this provision and they informed us they have not. As of 10/29/08 the Union was unaware of this information.


•     Pg 177 9. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices…………..Such notices shall state the rights of applicants and employees as well as the obligations under the law to take affirmative action to employee and advance employment qualified employees and applicants who are disable veterans, veterans of Vietnam era……other protected veterans.

When going to HR to apply for a position, you are handed a piece of paper and told to go to the company website and fill out the application online. I can not locate any affirmative action statements on thee website for the application process. The USC Title 38 Part III Chapter 42 Section 4212 also states they have to have an affirmative action to employ veterans as well.

•     Pg 176 2. The contractor agrees to immediately list all employment openings which exist at the time of the execution of the contract…..at an appropriate local employment service office of the state employment security agency wherein the opening occurs.

I contacted an Oklahoma Employment Securities Commission Veteran Rep and asked in the company was listed and posting jobs through them. He stated they are on file but have not current active positions. If you go to the website for the company they have 14 job positions open, 2 of which are for internal hire online. The other 12 are open positions until filled. Which this is also in violation of USC Title 38 Part III Chapter 42 Section 4212.

I do not believe they are reading and following the Office of Federal Compliance Programs, Equal Employment Opportunity, Department of Labor guidelines as set for in CFR 41 nor are they in compliance with titles 31 and 38 relating to employment of veterans by federal contractors, the VEVRAA of 1974, or any other regulation or Public Law, Federal Regulations, Veterans Acts that might address veterans preference in employment practices.

Do I have grounds to file a lawsuit?