November 10, 2009

D.C. LABOR RELATIONS BOARD RULES WITH AFGE AGAINST D.C. AGENCY
AFGE got $41,000 in attorney fees in a decision from Washington, DC’s Public Employee Relations Board (PERB). The board recognized the Arbitrator’s right to award attorney’s fees in the interest of justice under the Federal Back Pay Act.  The PERB made the ruling this fall in a case involving the DC Consumer and Regulatory Affairs Agency filed by AFGE Legal Rights Attorney Leisha Self.  It’s the first decision to come from the newly reconstituted employee relations board. 

AFGE PRESERVES RIGHTS FOR THE DISABLED
AFGE prevailed in an arbitration hearing involving a disabled Social Security teleservice employee in Fort Lauderdale, Florida who was unjustly suspended for two days for “discourteous telephone conduct.”     The employee had a debilitating medical condition which is relieved by medicine.  During a service call he suffered an episode of acid reflux and put a caller on hold.  A supervisor put the employee on suspension for keeping the caller on hold too long.   “This was clearly a case of harassment,” said AFGE Council 220 Attorney Patricia McGowan.  An arbitrator agreed and restored the employee’s pay and ordered the employee record expunged. 

MAJOR VICTORY FOR BOP TEACHERS
AFGE was successful in winning a Fair Labor Standards Act overtime arbitration for Bureau of Prison  Teachers from Local 3969 at FCC Victorville, CA.  The arbitrator found that the teachers were improperly designated FLSA exempt based on the duties they actually performed and the fact that they perform the exact same duties as education specialists who are FLSA non-exempt.  The teachers work all  their overtime in  custody officer positions  but their OT was capped while education specialists received overtime. An arbitrator awarded back pay for the teachers from two years prior to the date the grievance was filed up until the time the agency changes the FLSA designation for the teachers. AFGE attorney Michael Pazder handled the case.

ATTENTION VA EMPLOYEES: FILE YOUR BACK PAY CLAIM AT www.vabackpay.com
The United States Court of Federal Claims ruled that the VA must pay employees who worked on weekends or after 6:00 pm for the VHA, whenever they used paid leave instead of working their weekend or evening shifts anytime from September 5, 1995 until now.
The Federal Court in Washington, D.C. decided that the VA violated federal pay statutes by not including premium pay when employees used “paid leave” and therefore, these employees are eligible for “substantial” back pay and interest.  If you are a VA employee and feel your are eligible for back pay  AFGE strongly urges you to go to www.vabackpay.com to file your claim.
For a full view of cases published in the Rep Wing go to www.afge.org/representation  or Casetrack www.afge.org/casetrack.

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