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50-528: Their operational headquarters are on the Camp Perry Joint Training Center, in Port Clinton, Ohio , on the shores of Lake Erie . Members, who are at least 18 years of age (17 with parental consent; there are no upper age limitations), typically drill one weekend a month and one "short" week in the summer. From the months of April, through November, the drills consist primarily of patrolling

100-691: A captain's license from the U.S. Coast Guard. The Ohio Naval Militia is an organized State Defense Force, which serves under the direction of the Governor of the State of Ohio as Commander in Chief through the office of the Adjutant General's Department. They are governed by Ohio Revised Code chapters 5921, 5923, and 5924. The Ohio Naval Militia is organized into ship companies, with a maximum of three companies. Each company comprises two to three divisions. However, in

150-522: A reservist/employee to prove that an employer violated the VRRA, the reservist/employee must show the employer's discriminatory actions against the reservist/employee were "motivated solely by reserve status." The Court's holding in Monroe resulted in the enactment of USERRA, which was written, in part, to overrule Monroe' burden of proof requirement. The burden of proof under USERRA today is much easier. USERRA, which

200-471: A time of national emergency. USERRA clearly establishes that reemployment protection does not depend on the timing, frequency, duration, or nature of an individual's service as long as the basic eligibility criteria are met. USERRA also provides protection for disabled veterans by requiring employers to make reasonable efforts to accommodate the disability. Service members convalescing from injuries received during service or training may have up to two years from

250-640: A training center for Army officers and marksmanship instructors. Around 1918 an additional area immediately adjacent to the existing Camp Perry grounds was used to construct the Erie Army Depot for artillery ordnance storage. In the 1920s, the facility was by the Special Police School , a tactical training facility established by the National Rifle Association and the Army's National Board for

300-533: Is a National Guard training facility located on the shore of Lake Erie in northern Ohio near Port Clinton . In addition to its regular mission as a military training base, Camp Perry also boasts the second largest outdoor rifle range in the world after the NRA Whittington Center in Raton, New Mexico . The firing is done in the direction of the open water of the lake, that lies just beyond an earthen berm and

350-571: Is a relatively recent statute, not much case law interpreting it or its corresponding regulations has been developed. On January 1, 2008, a five-year pilot project ended that had given the Office of Special Counsel shared responsibility with The Department of Labor for assisting federal employee USERRA claimants in initial claims. All claims must now be filed directly with the Department of Labor This article contains information that originally came from

400-506: Is also home to the Civilian Marksmanship Program 's north office. Uniformed Services Employment and Reemployment Rights Act The Uniformed Services Employment and Reemployment Rights Act of 1994 ( USERRA , Pub. L.   103–353 , codified as amended at 38 U.S.C.   §§ 4301 – 4335 ) was passed by U.S. Congress and signed into law by U.S. President Bill Clinton on October 13, 1994 to protect

450-584: Is home to the Small Arms Firing School, which provides shooters with expert training and facilities for improving their shooting ability. The Small Arms Firing School was first conducted by The Department of Defense as part of the National Matches at the camp in 1918. Now there are over one thousand pistol and rifle shooters a year that take part in firearms safety and fundamental marksmanship skills. The Pistol and Rifle Schools are conducted by

500-459: Is impossible, unreasonable, or precluded by military necessity. An employee should provide notice as far in advance as is reasonable under the circumstances. Additionally, service members are able to use accrued vacation, sick, or annual leave while performing military duty. Another Federal law (5 U.S.C. 6323) gives federal civilian employees the right to 120 hours (15 days) per fiscal year of paid military leave. The U.S. Department of Labor, through

550-674: The First World War . In 1936, a new Naval Militia Armory, located in Bayview Park in Toledo and built by the WPA was dedicated. It served the needs of the ONM until 1947 when it was taken over by the newly formed U.S. Naval Reserve . The ONM was deactivated following World War II , and remained so for nearly 30 years. In 1974, the former lieutenant governor, John W. Brown began the process of reactivating

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600-534: The Office of the Assistant Secretary for Veterans' Employment and Training (VETS) provides assistance to all persons having claims under USERRA, including Federal and Postal Service employees. If resolution is unsuccessful following an investigation, the service member may have their claim referred to the Department of Justice for consideration of representation in the appropriate District Court, at no cost to

650-655: The Ohio Naval Militia (the naval arm of Ohio's State Defense Forces ), and the Ohio Military Reserve (the militia arm of Ohio's State Defense Forces). Camp Perry has been the host of the Civilian Marksmanship Program (CMP) and the NRA -sponsored National Rifle Matches since 1907. The National Matches, considered America's "World Series of the Shooting Sports," attracts shooting sports competitors from all across

700-441: The U. S. Army Marksmanship Unit (USAMU). The Schools are open to all United States citizens who are over the minimum age. USAMU instructors, assisted by Army , Air Force , Coast Guard , Marine Corps and Navy Active, National Guard and Army Reserve shooting team members teach basic marksmanship techniques to the new and less experienced, and experienced shooters who want to learn new ways to improve their scores. Camp Perry

750-577: The United States Congress declared war against Spain . In an effort to get Spain out of Cuba , President William McKinley was authorized to use all land and naval forces, as well as militia to enforce Congressional demands. At this time, the naval forces in the State of Ohio became the Ohio Naval Militia (ONM). The Ohio Naval Militia participated in the war, fighting as part of the 10th Ohio Volunteer Infantry . The ONM later purchased

800-535: The civilian employment of active and reserve military personnel in the United States called to active duty . The law applies to all United States uniformed services and their respective reserve components . USERRA clarifies and strengthens the Veterans' Reemployment Rights (VRR) Statute by protecting civilian job rights and benefits for veterans, members of reserve components , and even individuals activated by

850-578: The "escalator" position. USERRA also provides that while an individual is performing military service, he or she is deemed to be on a furlough or leave of absence and is entitled to the non-seniority rights and benefits accorded other individuals on comparable types of non-military leaves of absence. Health and pension plan coverage for service members is provided for by USERRA. Individuals performing military duty of more than 30 days may elect to continue employer sponsored health care for up to 24 months; however, they may be required to pay up to 102 percent of

900-533: The Act allowed the reemployment of an employee drafted to fight the war. The Supreme Court in Fishgold not only allowed the reemployment of a service person but also held that, with regards to advancement opportunities the service person missed while serving abroad, the service person "step[ped] back on at the precise point he would have occupied had he kept his position continuously during the war." The Court further held that

950-511: The Act be "liberally construed" to aid those who left their occupations to serve their country during a time of great peril. The Court rationalized its holdings by stating that a citizen called to defend the United States should not, upon discharge, be hindered from advancement in their civilian job because of the service-related absence. The Court further noted that the returning veteran was "to gain by his service for his country an advantage which

1000-507: The Ohio Naval Militia both during the hiring process and after becoming employed; they are also guaranteed a leave of absence from their places of employment whenever they are activated for training or to take part in an emergency, and their employers are required to reinstate these employees to their previous positions when they return from deployment. Camp Perry 41°32′28″N 83°01′18″W  /  41.54111°N 83.02167°W  / 41.54111; -83.02167 Camp Perry

1050-731: The Ohio Naval Militia; and on November 1, 1977, the ONM was reactivated with John W. Brown as the first commandant. In 2020, the Ohio Naval Militia was activated alongside the Ohio National Guard and the Ohio Military Reserve to take part in Operation Steady Resolve, the name given to the National Guard's mission to combat the COVID-19 pandemic . The ONM assists in natural disasters or other emergencies, as called upon by

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1100-476: The President of the United States to provide Federal Response for National Emergencies. USERRA also makes major improvements in protecting service member rights and benefits by clarifying the law, improving enforcement mechanisms, and adding Federal Government employees to those employees already eligible to receive U.S. Department of Labor assistance in processing claims of noncompliance. Throughout its history,

1150-568: The Promotion of Rifle Practice. Dubbed " Hogan's Alley ," the Special Police School consisted of... several sham buildings erected on the target line, to represent a street in a slum section of a town. There are, of course, numerous doors and windows, and there are chimneys, etc. behind which gangsters might be supposed to be lurking. The officer then walks down the street, with his gun loaded.... As each figure appears in some unexpected place,

1200-491: The USERRA allows a party to establish discrimination by, among other things, examining the proximity in time between the adverse act (like firing) and the military service event (like an employee informing an employer of the employee's military obligation), whether the employer followed its internal policies, and whether the military employee was treated differently than other non-military employees. USERRA applies to all employers in

1250-601: The United States entered World War II , Congress passed the Selective Training and Service Act of 1940 . The rationale behind the law lay partly in providing a means for drafted individuals to return to their jobs at the cessation of hostilities. After the war, the United States Supreme Court upheld the spirit of the law's protections in Fishgold v. Sullivan Drydock 328 U.S. 275,284 (1946) when it held that

1300-606: The United States government has enacted legislation protecting the men and women who serve in times of armed conflict. During the Civil War , Congress passed legislation protecting service members from legal proceedings they could not attend due to their military commitment. Congress passed the Soldiers' and Sailors' Civil Relief Act during World War I as a means of offering similar protections to service members fighting in Europe. Shortly before

1350-543: The United States. This includes Federal, State, Local, Private and even Foreign Companies operating within the United States and its territories. USERRA also applies to all United States employers operating in Foreign countries. Returning service-members are to be reemployed in the job that they would have attained had they not been absent for military service, this is known as the "escalator principle" (See FISHGOLD v. SULLIVAN DRYDOCK & REPAIR CORP., 328 U.S. 275 (1946) ), with

1400-655: The Universal Military Training and Service Act of 1967. The protections set out in the Selective Service and Training Act of 1940 generally remained the same while the modifications supported the conscript-based military of the Cold War era. Reservists received their first affirmative statutory protection as part of an amendment to the Military Selective Service Act in 1968 often referred to as

1450-453: The Veterans' Reemployment Rights Act ("VRRA"). The VRRA protects reservists against reemployment discrimination caused by their military duty. The Veterans' Readjustment Assistance Act of 1974 re-codified provisions of VRRA but included similar provisions protecting reservists from employment discrimination with an emphasis on inducing individuals separating from active military service to serve in

1500-416: The camp. They were also used as workers at various local industries and returned to the camp each night. The camp was used to test the longevity of artillery weapons. The gun barrels were measured with a very precise gauge. The guns were then fired into Lake Erie and retested to determine the amount of wear the rounds of firing caused. This enabled the Army to estimate the effective life of the weapon. After

1550-621: The claimant. Federal and Postal Service employees may have their claims referred to the Office of Special Counsel for consideration of representation before the Merit Systems Protection Board (MSPB). If violations under USERRA are shown to be willful, the court may award liquidated damages. Individuals who pursue their own claims in court or before the MSPB may be awarded reasonable attorney and expert witness fees if they prevail. Because USERRA

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1600-479: The classroom, members have the opportunity to become coxswains (boat operators) and boat crew. ONM members also receive basic boating education training to prepare for certification by the Ohio Division of Watercraft. They teach basic navigation, radio communications, boat handling, maintenance, boating safety, and boating support functions. All ONM training hours are documented and can be applied toward obtaining

1650-572: The court applied Fishgold's holding by requiring a professional baseball club (now the Seattle Mariners) to rehire a former player who was absent from the team for three years because of World War II required service. While acknowledging "the seriousness to baseball of having the judge dictate as to the team's players," the judge concluded his opinion stating that had the veteran and his comrades failed in their service overseas "there would be no American manager of any baseball if such should be played at

1700-496: The date of completion of service to return to their jobs or apply for reemployment. The USERRA also protects a member of the armed services from employment discrimination relating to one's military service. Under USERRA an employee must show that their military service was a "substantial" or "motivating factor" in the employer's adverse employment action, like firing or demotion. Since employers rarely tell reservist/employees that they are being fired because of their military service,

1750-664: The event of an emergency declared by the President or Congress or caused by enemy action, the governor, as the commander-in-chief, has the authority to expand the forces as necessary to meet the situation's needs. Command : Under Ohio law, members of the Ohio Naval Militia are guaranteed the same employment rights and protections as federal reservists enjoy under the Uniformed Services Employment and Reemployment Rights Act (USERRA). Among other legal rights guaranteed under this provision, Ohio Naval Militia members are protected from discrimination based on their membership in

1800-426: The full premium. For military service of less than 31 days, health care coverage is provided as if the service member had remained employed. USERRA clarifies pension plan coverage by making explicit that all pension plans are protected. The period an individual has to make application for reemployment or report back to work after military service is based on time spent on military duty. For service of less than 31 days,

1850-480: The governor or the Adjutant General. Their active mission is to patrol the government impact area off Camp Perry, in the waters of Lake Erie. It is a live-fire area that requires keeping pleasure boaters and fishermen from entering. By patrolling the impact area, the ONM provides support for the Ohio National Guard and other state and federal military units as they perform weapons qualifications prior to deploying. By conducting continuous training on their boats and in

1900-714: The impact area of Lake Erie immediately adjacent to Camp Perry's firing range. On March 1, 1896, an act was passed by the Ohio General Assembly providing for the organization of two battalions to be known as the Naval Brigade of the National Guard of Ohio. Without funds for outfitting or maintenance, they mustered in Toledo in July and through further organization, one battalion was located in Cleveland and one in Toledo. In 1898,

1950-510: The law withheld from those who stayed behind." The holding, requiring that legislation providing protections to uniformed service members be "liberally construed," is affirmatively followed by courts and the Department of Labor in construing USERRA today. At the end of World War II, a federal court in the State of Washington decided a case similar to Fishgold. In Niemiec v. Seattle Rainier Baseball Club, Inc., 67 F. Supp. 705, 711 (W.D. Wash. 1946),

2000-468: The officer fires at it." In 1924, the police departments of all cities with populations of over 10,000 were invited to participate in national matches at Camp Perry. The coming of the Second World War closed the Special Police School down, and Camp Perry served as a POW camp for German and Italian prisoners. The Italian prisoners were very lightly guarded and worked alongside the civilians at

2050-570: The old revenue cutter Andrew Johnson , which was refitted accordingly. The U.S. Navy also assigned the USS ; Michigan to train naval militias on the Great Lakes . The first training was at Johnson's Island in Sandusky Bay in July 1897. On 20 April 1917 the ship's company of USS  Dorothea at Cleveland, part of the ONM, was the first Ohio National Guard unit activated for service in

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2100-725: The reserve components of the post-Vietnam all volunteer military. Congress, in enacting these protections, recognized reservists were experiencing increased discrimination from employers because reservists were required to "attend weekly drills or summer training. Expanding VRRA legislation to cover reservists soon led to legal battles regarding the statute's scope and the burden of proof a reservist/employee must show to establish discriminatory action by an employer due to an employee's reserve status. The Supreme Court addressed VRRA's burden of proof standard in Monroe v. Standard Oil Co., 452 U.S. 459, 551, 559-560 (1981). The Court held that in order for

2150-399: The same seniority, status and pay, as well as other rights and benefits determined by seniority. USERRA also mandates that reasonable efforts (such as training or retraining) be made to enable returning service members to refresh or upgrade their skills to help them qualify for reemployment. The law clearly provides for alternative reemployment positions if the service member cannot qualify for

2200-642: The service member must return at the beginning of the next regularly scheduled work period on the first full day after release from service, taking into account safe travel home plus an eight-hour rest period. For service of more than 30 days but less than 181 days, the service member must submit an application for reemployment within 14 days of release from service. For service of more than 180 days, an application for reemployment must be submitted within 90 days of release from service. USERRA also requires that service members provide advance written or verbal notice to their employers for all military duty unless giving notice

2250-623: The stadium this year. If the Nazis permitted baseball, it would not be an exhibition that any of us liked." As the threat of the Axis powers passed, Congress used the geopolitical realities of the Cold War to justify further veteran-friendly legislation. During the Cold War, the Selective Service and Training Act of 1940 underwent a series of modifications including the Selective Service Act of 1948 and

2300-545: The targets. The original land for Camp Perry was purchased in 1906, and the reservation was named after Commodore Oliver Hazard Perry , the American naval commander who won the Battle of Put-in-Bay during the War of 1812 . Rudimentary structures were constructed for use by competitors in the National Matches, and for transient military personnel. During World War I , Camp Perry served as

2350-414: The war prisoner quarters were converted back to use by transient personnel who were at Perry for training. In 1946 Ohio Governor Frank Lausche considered turning the camp into a college temporarily. The camp was used extensively for several years after World War II, and in 1956 the Special Police School was re-opened, but use slowed somewhat during the 1960s. The Erie Army Depot closed in the mid-1960s and

2400-499: The world to compete in matches of all multitudes. Competition event shooters range from beginners to the world’s best. The National Matches include Small Arms Firing Schools, a series of CMP National Trophy Rifle and Pistol Matches, CMP Games Events and NRA national championships. The National Matches are conducted through a partnership with the CMP, the Ohio National Guard and the NRA. The camp

2450-475: Was eventually converted to industrial use. However, many of Camp Perry's original structures are still in use in one form or another. On June 24, 1998, a tornado damaged several buildings on the grounds. Currently, Camp Perry is home to the 213th Ordnance Company (Missile Support, Corps), the 372d Missile Maintenance Company (DS) Detachment 1, the 200th RED HORSE Civil Engineering Squadron ( Ohio Air National Guard ), U.S. Coast Guard Port Security Unit 309,

2500-546: Was passed in 1994, provides many protections. Two of those protections are protection against discrimination and protection of one's pre-deployment job. USERRA establishes the cumulative length of time that an individual may be absent from work for military duty and retain reemployment rights to five years. The exceptions to the five-year limit include initial enlistments lasting more than five years, periodic United States National Guard and reserve training duty, and involuntary active duty extensions and recalls, especially during

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