News Flash
The Local President's Update
Fair Labor Standards Act (FLSA) Overtime Back Pay
April 8, 2004
On March 12, 2004, AFGE Local 2128 filed a Union Grievance with the local CMO Commanders on DCMA's FLSA violations. This grievance was filed on behalf of all GS-11 bargaining unit employees within Local 2128's area of bargaining unit jurisdiction who have been improperly classified as FLSA Exempt for years. Under FLSA precedent, employees may file claims three years of back pay due to FLSA overtime losses. This grievance was filed following the agencies admission that these positions have been improperly misclassified as FLSA Exempt for years. The agency statement that none of the employees who occupy any of these positions would be receiving back pay for their overtime losses.
DCMA Headquarters responded to this Union Grievance and they refused to resolve it or pay any employees back pay. Per our negotiated grievance procedures, the grievance was forward to the DCMA West Director, where it was again rejected. DCMA is attempting to argue that since the FLRA representational election and unit certification, the Local no longer has the right to file Union Grievances with the agency. DCMA claims that the representational and bargaining relationships with AFGE have now changed. DCMA does not want to reimburse employees for the overtime losses they have suffered.
As your duly elected delegate to AFGE Council 170, I asked the Council President to file a Union Grievance with DCMA Headquarters on behalf of all DCMA bargaining unit employees who occupy GS-11 positions. The Council President has refused to file this grievance. I feel the Council President is wrong in denying this grievance and his refusal could result in AFGE being charged by bargaining unit employees with a failure to perform its duty to provide fair and equal representation, an Unfair Labor Practice violation.
Today I sent a letter to the AFGE National Office to bringing this situation to their attention. AFGE National is the exclusive representative for all DCMA bargaining unit employees and they carry full responsibility for the union's duty to provide fair and equal representation for all employees. I will keep everyone posted on the progress and what action if any the employees need to take.
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