Authority to attach/second Class-B Reservist

[Eye In The Sky]

As a rule, most SOUs include in the work description "Other duties as required"which is a broad catch-all that enables the CoC to do just about anything.

However, my understanding is that JAG lawyers are quite obstinate that a class B MOU is not a contract.  The CAF has terms of service (through legislation and regulation) which are what bind a CAF member, not the MOU.

When I was doing the Class B or B(A) thing...the MOU wasn't the 'contract', it was an agreement between myself and the unit about my terms of Cl B employment.  I still got a Route Letter annually, which is sort of the 'contract' for Cl B.

Simple solution;  don't attach post anyone who is CL B.  Simply send them on TD.  If they don't want to go, great they can submit the 30 days...and 30 days later their TD can end.  Likewise, if you give them notice 90 days in advance and they say no, the MOU also gives the employing unit the authority to give THEM 30 days notice that their Cl B is terminated.

 

[Oldgateboatdriver]

Doesn't really solve the "problem" here, EITS.

The issue is: here's a reservist working full time at a unit under a class B contract. The unit's CO doesn't want to lose that person, while a higher HQ want to employ the person in a job that has nothing to do with the unit currently employing the person.

TD authority for someone is the actual unit CO, not the higher HQ, and really, the higher HQ cannot order the unit CO to send one of his specific member out on TD. So, if you  are relying on TD as opposed to Attach Posting, then, the unit's CO problem is solved: he just won't send the person out, while the higher HQ is still stuck if they have no attach posting authority.

 

[Eye In The Sky]

So the question then, in a way, is 'does a Res establishment HHQ have the authority to task sub-unit Class B pers on the summer tasking brick/CFTPO'.

I can't say whether there is a 'black and white authority' that I've seen, however my time at a CBGHQ...all Cl B, B(A) and RSS pers were subject to TD taskings (instructor, etc) and each year when the tasking brick came out, there was much 'ducking and covering' happening and lots of people were friendly to the G3 IT folks.  ;D  Oddly enough, it never seemed that many of the HQ pers went while some Bde units were gutted from Jun-Aug. 

 

[CountDC]

interesting and funny what happens in reality compared to policy.  MOU/SOUs are not contracts yet more and more people are referring to contracts.  Never saw anyone attach posted while on class b, always sent TD.

We have the opposite problem here - the unit wants to task everyone out but the higher HQ wants them kept here.