AFGE Council 170
Email response to Council Delegate's written request for
AFGE Council 170 to file a Council Union Grievance over DCMA's ongoing FLSA
violations.
Please NOTE: Per the
Master Collective Bargaining Agreement, Article 36, Section 8E, locally filed
Union Grievances do not create a precedent for and are not binding on AFGE
Council 170 and DCMA Headquarters.
The following email message came from Tom Maahs, President,
AFGE Council 170
From: Maahs, Tom
Sent: Tue 4/6/2004 8:22 AM
To: Johnson, Larry W; Benderson, Susan; Howard, Wayde; Dillon, Gary L;
James, Gregg; Meiss, Jack; 'jennifer grigsby'; Gabardi, Joe; Local 2752;
Weiss, Lucia; Witkowski, Maribeth; Dean, Michael; James, R Joyce; Hillman,
Richard W; Hemingway, Virginia
Cc: Green, Mark; Hemingway, Virginia; Howard, Wayde; James, R Joyce;
Maahs, Tom; ohmer, thomas; Porzel, William; Wesley, Patcy; Witkowski, Maribeth
Subject: RE: PLAS Program Code Addition
Larry,
Here is the
answer to your question as to why we have not filed a Council Grievance on the
FLSA issue.
The 13 AFGE
Locals that participated in the original 1999 and 2000 Settlement Agreements
agreed not to arbitrate matters asserted in the FLSA grievances for the time
period covered by the grievances, other than the arbitration/mediation of the
Appendix “C” positions that were recently resolved. The Locals also agreed
not to pursue to arbitration any individual employee grievances on this
matter. Presumably, the other Local Unions that cut a sweetheart deal with
the Agency after our original Settlement Agreement also agreed not to pursue
any further FLSA grievance arbitration with respect to the covered positions.
For all these reasons, it
would seem inappropriate for the Council to pursue a Council Grievance on
matters governed by the various Settlement Agreements. Any such grievance would
in all likelihood be dismissed pursuant to the terms of the Settlement
Agreements, and the pursuit of a Council Grievance might also cause the Agency
to file a ULP.
Tom