Straight Time, Suffer or Permit Overtime, and More

Monday August 7, 2006

Here is the latest update of the INS FLSA case as of August 7, 2006. I was waiting to post this update until after a meeting with the Arbitrator in Washington, D.C. in late July, 2006.

Straight Time: Payment has been made to 7,000+ former INS employees. We have been working for over a year to find lost employees and the survivors of employees who are dead. I think we have dealt with all the wrong-checks-to-wrong people cases. This took quite a bit of effort as there were a surprising number of these cases that had to be solved one-by-one.

After almost of year of frustration the Arbitrator (and I ) have given up on the National Finance Center (NFC)(a division of Dept. of Ag.-the pay calculator as a contractor for DHS in this case) being able to write a coherent and factual responsive letter to claimants who have challenged their “straight time” calculations. It looks like the Union and management are going to have to go to New Orleans (where NFC is located) and go through the claimant challenges one-by-one so that an actual responsive letter can be issued to those claimants who have challenged their “straight time” payments. The Union (and the Arbitrator) have made clear that the standard-form “we are right—you are wrong letters” that persons challenging there straight-time payment have received from NFC will not be the last word.

“Suffer or Permit” Overtime: This is where things get really twisted:

Non-LEOs- can expect to receive a computation letter (explaining what monies they will be receiving) within the next several weeks. Payment to non-LEOs will take place shortly thereafter via direct deposit (for most DHS employees) or via check.

LEOs-there is currently a knock-down-drag-out fight going on between DHS and the Union as to the rate of overtime pay for LEOs. DHS claims that LEOs are only entitled to AUO overtime rates (about half of the normal hourly rate) for “suffer or permit” overtime awarded in the Arbitrator’s January, 2006 ruling. The Union’s position is that DHS’s new found position is full of @#*%^Q!! The DHS “position” would reduce the “suffer or permit” overtime for duty free lunches by 2/3. A hearing will be held in the near future (probably September 2006) to decide this “rate of pay” issue. We, AFGE, will fight this issue with all the skill we have shown so far in winning over $20,000,000.00 for our bargaining unit employees in this case.

AGAIN-the Union is not (repeat NOT) accepting DHS’s rate of pay calculations for LEOs-we are actively fighting this issue.

I have been posting the latest arbitration awards as they are issued and will, of course, continue to do so.

Remember, if you don’t read it here, IT’S A RUMOR...