US vet’s Name

US vet’s Address

US vet’s City, State ZIPcode

US vet’s Telephone Number

DATE

 

 

The Honorable Elaine L. Chao

Office of the Secretary of Labor

200 Constitution Avenue, N.W.

Washington, D.C. 20210

 

The Honorable Elaine L. Chao:

 

This letter constitutes a complaint of failure to comply or refusal to comply with contract provisions relating to the employment of Vietnam era and special disabled veterans by ACME, Inc., XXStreet,  XXCity, XXState XXZipcode, (000) 000-0000, a Federal Contractor (hereinafter referred to as Contractor), under the contractual obligations imposed by the Vietnam Era Veterans’ Readjustment Assistance Act (VEVRAA) of 1974, as amended (38 USC §§ 4212 et seq.), (hereinafter referred to as Act) and the regulations issued pursuant thereto (41 CFR §§ 60-250 et seq.).  In addition, the Contractor has contractual obligations imposed by the Uniformed Services Employment and Reemployment Rights Act (USERRA) codified at (38 USC §§ 4301 et seq.).  Moreover, ACME Subsidiaries, (all at XXStreet, XXCity, XXState XXZipcode, XXTelephone number), are included as a group and/or separately with ACME, Inc. in this complaint and under the CVD attachment at the end of this complaint.  Therefore, according to VEVRAA 38 USC § 4212 (b):

 

“(b) If any veteran covered by the first sentence of subsection (a) believes any contractor of the United States has failed to comply or refuses to comply with the provisions of the contractor's contract relating to the employment of veterans, the veteran may file a complaint with the Secretary of Labor, who shall promptly investigate such complaint and take appropriate action in accordance with the terms of the contract and applicable laws and regulations.”

 

In accordance with 38 USC § 4212 (b), I am filing this noncompliance complaint on behalf of myself, as a Vietnam Era Veteran, other currently employed persons entitled to provisions under the VEVRAA, and all former employees that were entitled to the provisions of the VEVRAA while in the employ of Contractor.  This is a complaint of the greatest discrimination of all; it is a complaint of noncompliance of the provisions of the Act by the Contractor according to the regulations issued in 41 CFR §§ 60-250 et seq.


Background and list of provisions that Contractor has allegedly failed to comply with:

 

1) The Contractor is a federal Contractor and is obligated to comply with the provisions of 38 USC §§ 4212 et seq. and 41 CFR §§ 60-250 et seq.  Contractor’s failure to comply has resulted in allegations of inequities for members of the class, present and former, protected under the VEVRAA.

 

2) Contractor has failed to take affirmative action to employ and advance in employment persons specifically covered under the VEVRAA according to the authority and provisions of 41 CFR § 60-250.4(b).

 

3) Contractor has continually failed to comply with 41 CFR § 60-250.4(b) and (c) which requires Contractor to list all employment openings at an appropriate local office of the State employment service system.

 

4) Contractor has failed to comply with 41 CFR § 60-250.4(b) (c) (d) and (e) which requires Contractor to include periodic reports which shall be filed at least quarterly with the central office of the State employment service and the items required under this provision.

 

5) Contractor has failed to comply with 41 CFR § 60-250.4(i) that requires Contractor to comply with the rules, regulations, and relevant orders of the Secretary of Labor issued pursuant to the Act.

 

6) Contractor has failed to comply with 41 CFR § 60-250.4(k) (l) and (m) that requires Contractor to post in conspicuous places, available to employees and applicants for employment, notices in a form to be prescribed by the Director, to state Contractor’s obligation under the law to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era for employment and the rights of applicants and employees, has failed to notify each labor union or representative of workers that Contractor is bound by the terms of the VEVRAA, and is committed to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era. and Contractor has failed to include the provisions of this clause in every subcontract or purchase order of $10,000 or more so that such provisions will be binding upon each sub-Contractor or vendor.

 

7) Contractor has failed to comply with 41 CFR § 60-250.6(a) which requires Contractor to take affirmative action to employ and advance in employment qualified disabled veterans and veterans of the Vietnam era at all levels of employment, including the executive level and apply to all employment practices including, but not limited to, the following: hiring, upgrading demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeships and on-the-job training programs under 38 USC § 1787.

 

8) Contractor has failed to comply with 41 CFR § 60-250.6(b) which requires Contractor to review their personnel processes to determine whether their present procedures assure careful, thorough and systematic consideration of the job qualifications of known disabled veteran applicants and Vietnam era veteran applicants for job vacancies filled either by hiring or promotion, and for all training opportunities offered or available.  Contractor has failed to include the development of new procedures for this purpose in their affirmative action program required under this part.

 

9) Contractor has failed to comply with 41 CFR § 60-250.6(f) which requires Contractor to review employment practices to determine whether their personnel programs provide the required affirmative action for employment and advancement of qualified disabled veterans and veterans of the Vietnam ere.  Contractor has not taken appropriate outreach and positive recruitment activities to meet this provision such as:

 

(1) Development of internal communication of its obligation to engage in affirmative action efforts to employ qualified disabled veterans and veterans of the Vietnam era in such a manner as to foster understanding, acceptance and support among the Contractor’s executive, management, supervisory and all other employees and to encourage such persons to take the necessary action to aid the Contractor in meeting this obligation.

 

(2) Development of reasonable internal procedures to ensure that its obligation to engage in affirmative action to employ and promote qualified disabled veterans and veterans of the Vietnam era is being fully implemented.

 

(3) To periodically inform all employees and prospective employees of its commitment to engage in affirmative action to increase employment opportunities for qualified disabled veterans and veterans of the Vietnam era.

 

10) Contractor has failed to enlist the assistance and support of all recruiting sources including the following:

 

(i) Local Veterans Employment Representative in the State Employment Service Office;

 

(ii) The Veterans Administration Regional Office to develop on-the-job training opportunities for covered veterans;

 

(iii) The office of the National Alliance of Businessmen in order to cooperate in the Jobs for Veterans’ Program;

 

(iv) The veterans’ counselor and coordinators on college campuses for the recruitment of covered veterans;

 

(v) The service officers of the national veterans groups active in the area;  and

 

(vi) Local veterans’ groups and veterans’ service centers in the area.

 


11) Contractor has failed to establish meaningful contacts with appropriate veterans’ service organizations which service disabled veterans or veterans of the Vietnam era, for such purposes as advice, technical assistance and referral of potential employees.

 

12) Contractor has failed to review employment records to determine the availability of promotable and transferable qualified known disabled veterans and veterans of the Vietnam era presently employed, and to determine whether their present and potential skills are being fully utilized or developed.

 

13) The Contractor has failed to send written notification of policy to all subcontractors, vendors and suppliers, requesting appropriate action on their part.

 

14) The Contractor has failed to consider all qualified disabled veterans and veterans of the Vietnam era not currently in the workforce having requisite skills who can be recruited through affirmative action.

 

15) The Contractor has failed comply with 41 CFR § 60-250.6(g) which requires the Contractor to establish adequate internal support from supervisory and management personnel and other employees.  The Contractor has failed to adopt, implement and disseminate this policy internally as required using the following methods and means:

 

(1) Inclusion in the Contractor’s policy manual.

 

(2) Publicized in company newspaper, magazine and other media.

 

(3) Conducted special meetings with executive, management, and supervisory personnel to explain the intent of the policy and individual responsibility for effective implementation, making clear the chief executive officer’s attitude.

 

(4) Schedule special meetings with all employees to discuss policy and explain individual employee responsibilities.

 

(5) Discuss the policy thoroughly in both employee orientation and management training programs.

 

(6) Meet with union officials to inform them of the Contractor’s policy and request their cooperation.

 

(7) Include nondiscrimination clauses in all union agreements, and review all contractual provisions to insure they are nondiscriminatory.

 

(8) Include articles on accomplishments of disabled veterans and veterans of the Vietnam era in company publications.

 

(9) Post the policy on company bulletin boards, including a statement that employees and applicants are protected from coercion, intimidation, interference or discrimination for filing a complaint or assisting in an investigation under the Act.

 


16) Contractor has failed to comply with 41 CFR § 60-250.6(h) which requires Contractor to appoint an executive to develop policy statements, affirmative action programs, and internal and external communication techniques relative to the provisions of the VEVRAA.  In Contractor’s failure to comply they have not developed policy statement, affirmative action programs, and internal and external communication techniques to implement the VEVRAA; nor have they advised supervisors that their work performance is being evaluated on the basis of their affirmative action efforts and results, as well as other criteria or informed supervisors of Contractors obligation to prevent harassment of employees placed through affirmative action efforts, as set forth in 60-250.51.

 

17) Contractor has failed to design and implement audit and reporting systems that will: Measure effectiveness of the Contractor’s programs; indicate need for remedial action; determine the degree to which the Contractor’s objectives have been attained; determined whether known disabled veterans and veterans of the Vietnam era have had the opportunity to participate in all company sponsored educational, training, recreational and social activities; ensure that each location is in compliance with the ACT and the regulations in this part.

 

18) Contractor has failed to comply with 41 CFR § 60-250.6(i) which requires all personnel involved in the recruitment, screening, selection, promotion, disciplinary, and related processes should be carefully selected and trained to insure that the commitments in its affirmative action program under VEVRAA are implemented. Contractor has also failed to hold formal briefing sessions with representatives from recruiting sources.

 

19) Contractor has failed to comply with 41 CFR § 60-250(i)(5) which requires Contractor to put forth a special effort to include qualified disabled veterans or veterans of the Vietnam era on the personnel relations staff.

 

20) According to 41 CFR § 60-250.5 (c): “The full affirmative action program [for special disabled veterans and veterans of the Vietnam era] shall be available for inspection to any employee or applicant for employment upon request.”  Contractor has failed to provide such program upon request and does not have a program in effect for covered veterans that fulfill the provisions of the Act.

 


I am a self-identified Vietnam era veteran.  I self-identified in my ACME employment application papers.  I self-identified to all, etc.  At no time was I advised by ACME of Contractor’s obligations under the VEVRAA; nor have I been trained as an employee to insure that the ACME commitments in any affirmative action program under VEVRAA were being implemented; nor was my department ever required to provide hiring data to ensure that Contractor’s obligations under VEVRAA had been met; nor has Contractor disseminated its affirmative action obligations under VEVRAA to employees; nor has Contractor provided published documents to employees, nor others detailing its obligations; nor has Contractor enacted a program to determine the present and potential skills of persons covered by the act; nor has Contractor published its obligations under VEVRAA in recruitment and hiring advertisements. At no time have I been informed of any affirmative action programs for persons covered under the VEVRAA that Contractor is obligated to provide under 41 CFR §§ 60-250 et seq. (which is the authority in this matter). As an employee, Contractor never trained me to treat Vietnam era or special disabled veterans with affirmative action to hire or advance them in employment.  Contractor never informed me, as an employee, that my performance would be evaluated, among other things, relative to affirmative action towards Vietnam era veterans or special disabled veterans.

 

In support of these allegations the following exhibits are included:

 

1) A copy of my ACME job application (Exhibit A).

 

2) Etc.

 

In support of the actions that are to be taken when a contractor fails or refuses to comply with its obligations under the VEVRAA the following cases are cited as examples:

 

1) The OFCCP v. KAPIOLANTI COMMUNITY COLLEGE, UNIVERSITY OF HAWAII, CASE NO: 90-OFC-5

 

2) The OFCCP v. DISPOSABLE SAFETY WEAR, INC., CASE NO: 92-OFC-11

 

3) The OFCCP v. THE UNIVERSITY OF AKRON, CASE NO: 90-OFC-11

 


4) The OFCCP v. MILWAUKEE FENCE

 

This complaint requires, under 41 CFR § 60-250.26, that the Department of Labor institute a prompt investigation and develop a complete case record.  Following investigation of the alleged willful noncompliance or refusal of Contractor to comply with the provisions set forth in 41 CFR § 60-250.4, this complaint asks that corrective action be established under 41 CFR § 60-250.26(g)(2) and that the Secretary seek appropriate judicial action to enforce the contractual provisions set forth in 41 CFR § 60-250.4 including appropriate injunctive relief including, but not limited to: Inclusion of class members in specially developed affirmative action programs required under the act (which are presently nonexistent);  equity for the years that Contractor has failed or refused to comply with the provisions of 41 CFR § 60-250.4 to all members of the class, presently or formally employed by Contractor ; and, parity for all class members, present and former, as required by law.

 

Contractor’s obligations under 41 CFR §§ 60-250 et seq. are not relieved if any member of the class is a manager.  Indeed, there is no relief of the provisions provided in 41 CFR §§ 60-250 et seq. for any United States Contractor related to the position held by a veteran of the Vietnam era or any special disabled veteran.  Because a member the entitled class is a manager or director does not relieve ACME, as a United States Federal Contractor, to be relieved of the provisions of the Act.  Indeed, it is the obligation of the Department of Labor to ensure that the provisions of the Act are, and have been, complied with by any United States Contractor as prescribed by law.  Failure to enforce the provisions of 41 CFR §§ 60-250 et seq. by any director or district director may be an impeachable offense punishable by law.  I am also requesting that, following an investigation of Contractor’s failure to comply with all of the provisions of 41 CFR §§ 60-250 et seq. and the District Office’s (Los Angeles California) failure to ensure compliance with the provisions as required under Federal law, after numerous formal and informal requests for compliance to the provisions, that this matter be referred to the Solicitor of Labor to institute enforcement proceedings to fulfill Contractor’s obligations to all members of the class, current and past, as required under the Act and to investigated any  illegal activity by any party to subvert, or aid in the subversion of,  the legal obligations of Contractor to fulfill its obligations to members of the class as required by the Act and as provided for in 41 CFR §§ 60-250 et seq.  Are the actions of the Federal Government of the United States, through the Department of Labor, allowing the provisions of the VEVRAA to go unenforced for political and/or economical reasons?

 

I look forward to the Secretary’s prompt reply to this complaint, investigation of allegations contained in the complaint, and the Secretary’s enforcement of provisions under the regulations and laws which appertain to Contractor under Federal jurisdiction (A copy of my DD 214 is enclosed as Exhibit X.)

 

 

Sincerely,      

US VET’S Signature

US VET’S Printed Name

 

Att:      CVD History and Exhibits A-X

 

cc:        VA,

Government Agency Heads,

U.S. Representatives,

U.S. Senators,

            Media,

            etc.

CONTINUING VIOLATION DOCTRINE (CVD) HISTORY

 

Note 1: The CVD is used above by the OFCCP to collect back wages from a Federal Contractor beyond the OFCCP 2-year-limit for violating the rights of a Vietnam Veteran.  Also, the OFCCP has a mandate to enforce VEVRAA for all Federal Contractor affiliates that have the same parent company. It depends whether the OFCCP finds the parent of ACME and/or ACME affiliates must all have an affirmative action plan for veterans.

           

Note 2: The VETS organization is put on notice of the events in this complaint for two reasons.  The VETS are responsible for tracking VEVRAA/DOL complaints and enforcing USERRA as mentioned above when Vietnam Veterans are: 1) discriminated against by being denied their rights in the workplace; and, 2) when any benefit given by a Federal Contractor to women and minorities is not equally applied to veterans by the Federal Contractor.  Like the CVD for VEVRAA, USERRA has no statute of limitations applied to violations of a veteran’s workplace rights by discrimination.  41 CFR § 60-250.61(a) Complaint procedures.  Complaints may also be submitted to the Veterans' Employment and Training Service of the Department of Labor directly, or through the Local Veterans' Employment Representative (LVER) or his or her designee at the local employment service office. Such parties will assist veterans in preparing complaints, promptly refer such complaints to OFCCP, and maintain a record of all complaints which they receive and forward. OFCCP shall inform the party forwarding the complaint of the progress and results of its complaint investigation. The state employment security agency shall cooperate with the Deputy Assistant Secretary in the investigation of any complaint.