FLRA’s Decision on Rate of Pay

In May 2007, the arbitrator determined that the overtime performed by officers during their meal period was... [more] 9-1-2011

INS FLSA Status Update

The Agency’s exceptions to the arbitration award have been before the Federal Labor Relations Authority for three + years and that is where the case currently rests. Although AFGE has tried to blast the case free from the FLRA we have no power to order the FLRA to do its job. So….Here we all sit. You can be assured that I will update the AFGE.ORG website as soon as we receive a decision from the FLRA. [more] 2-26-2010

Union Opposition to Agency's Exceptions to Arbitration Awards

The American Federation of Government Employees National Immigration and Naturalization Council hereby opposes [more] 2-24-2009

FLRA Update for March 6, 2008

The Federal Labor Relations Authority (FLRA) has recently issued a decision that dismisses DHS’s Exceptions to the arbitrator’s award concerning the hourly “rate of pay” for “suffer or permit” overtime claimants. This decision does not come as any surprise to your Union, AFGE, as we always knew that DHS had filed the bogus Exceptions just to slow down payment to it’s employees. During the course of the Exceptions before the FLRA AFGE has continued to litigate this case before the arbitrator. We will continue doing so but do not anticipate DHS paying any of the “suffer or permit” overtime (even that amount that the Agency admits it owes) until the case is done. [more] 3-6-2008


AFGE has filed extensive briefs in response to the Agency’s exceptions to the arbitrator’s award as to the “rate of pay” issue. The matter has been before the Federal Labor Relations Authority (FLRA) for some months. We have made several inquires as to the status of the exceptions and have been told that the matter is awaiting decision by the FLRA. We will immediately post on this website the FLSA decision when it issues. [more] 1-14-2008

Agency files Exceptions to Arbitrator's March Award concerning Rate of Pay for LEOs

The Agency has filed Exceptions to the March 2007 decision of the Arbitrator in the INS FLSA case with the Federal Labor Relations Authority. This will slow down payment for LEOs as their rate of pay will remain at issue until the FLRA has issued its decision. I have posted AFGE's Opposition to the Agency's Exceptions that AFGE filed with the FLRA on June 4, 2007. I expect a decision by the FLRA in about 90 days. [more] 6-8-2007

FLSA rate of pay decision

AFGE is pleased to announce that we have prevailed before the Arbitrator on the LEO rate of pay issue [more] 3-29-2007

Arbitration Decision Update

AFGE has contacted the arbitrator concerning to timing of his long-expected decision on the rate-of-pay issue for LEO AUO claimants. [more] 2-15-2007

Straight Overtime

This update includes latest developments and information regarding straight overtime payment, such as incorrect check amounts, wrong addresses and non-receipt of payment. [more] 12-19-2006

Union Brief on Overtime Rate of Pay for LEO Claimants

Pursuant to the order of the Arbitrator during the September 28, 2006, hearing [more] 11-7-2006

Help needed in finding survivors of deceased INS Employees

Please contact your local AFGE union representative if you have information about any survivors of the following former INS employees. In addition to the name of the employee we have included the employees last known duty station. [more] 10-13-2006

October 2, 2006, FLSA Update

All straight overtime has been paid, new suffer or permit items for persons covered by the Jan 6, 2006 decision. [more] 10-2-2006

Agency Whines

During the July, 2006 hearing , the Agency was heard, for the first time, that it objected to the “suffer or permit” Arbitration Award [more] 9-19-2006

Suffer or Permit Payment Calculations, Payments and September Hearing

I assume you are addressing my order as to the completion of computations and payment no later than Oct 1. [more] 9-11-2006

Arbitrator Orders Strict Payment Schedule-8/30/06

Because of certain delays in computation and payment to those entitled to suffer or permit compensation, the following is ORDERED: [more] 8-31-2006

Arbitrator orders Payment

The arbitrator issued the following order received by AFGE on August 29, 2005 [more] 8-30-2006

Agency Screw-up sets back payment

Email received by AFGE on August 29, 2006, from Agency rep. Ilir Tsungu in response to my August 28, 2006, email [more] 8-29-2006

Hearing Scheduled for Payment Issues in September, 2006

Straight Time, Suffer or Permit Overtime, and More

Most "straight time" claimants have been paid, LEO claimants overtime pay rate is still being fought over. [more] 8-7-2006

Second Supplemental Decision

This is a SECOND SUPPLEMENTAL DECISION, concerning several matters that were left unresolved, pending additional information [more] 7-24-2006

Summary of May 25, 2006, Conference Call

This is a summary of our May 25, 2006 conference call participated in by Ilir, Joe, Leyni, Angelia, Wayne, Jim B., Judy S., and myself. [more] 7-21-2006

Arbitrator Response

This is a SUPPLEMENTAL DECISION, concerning several matters that were left unresolved [more] 6-8-2006

Arbitrator Cautions Agency

Joe and Ilir- I am in receipt of Joe's e-mail this am, with attachments [more] 6-6-2006

Union Defends Aggressive Stance

The Union agrees to a meeting in Washington D.C.. Please send the parties a list of dates that you are available and the parties will agree upon a date [more] 6-5-2006

Update on Status Website

We are continuing to work hard on the website that will allow for INS claimants to check their current status in the FLSA arbitration case. [more] 3-4-2004

Vital Updates from the Hearing

During the December 8-10, 2003, arbitration hearings the Union, despite the Agency's reluctance, has moved the INS Fair Labor Standards Act (FLSA) case forward. [more] 12-18-2003

Letter from AFGE to the Agency

Today I received a telephone message from Susan Dole indicating that you were now handling this case for the Agency [more] 11-18-2003

Order from the Arbitrator

This order addresses the Agency's request to move the December 10-12, 2003 hearing from San Francisco to Washington, DC [more] 11-14-2003

Letter from the Agency to the Arbitrator

The Agency is in receipt of your notice for hearing for the subject matter. The agency requests that the hearing be held in the Washington, DC area instead of San Francisco. [more] 11-3-2003

Letter from AFGE Preparing for December Hearings

This letter is in response to the arbitrator's order dated October 24, 2003, designating December 8-10, 2003, as hearing dates for the above captioned case. [more] 10-29-2003

Letter from the Arbitrator to AFGE and the Agency

Thank you for your responses to my order. While I have not completed my review of those responses, it is clear - as I had anticipated and alerted the parties - that we will need hearing time in December 2003 [more] 10-24-2003

Letter from the Agency to the Arbitrator

I am writing this letter in response to Mr. Goldberg's September 29, 2003 Fax on the subject matter. [more] 10-16-2003

Letter from AFGE to the Arbitrator

AFGE Letter to Arbitrator Vitaro suggesting possible dates for a hearing in December and attachment letter [more] 10-8-2003

Letter from AFGE to the Arbitrator

The Union is in receipt of the letter dated September 26, 2003, from the Agency which purportedly finally responds to your order [more] 9-29-2003

Letter from the Agency to the Arbitrator

Herewith please find the Agency's response to your September 8, 2003 letter incorporating your August 5, 2003 order. [more] 9-26-2003

Letter from the Arbitrator to AFGE and the Agency

I am in receipt of the Agency's letter dated September 5, 2003 and the Union's reply dated that same day. [more] 9-8-2003

Letter from AFGE to the Agency

Your latest letter has crossed the line from the disingenuous to the dishonest. [more] 9-6-2003

Letter from the Agency to the Arbitrator

Dear Mr. Vitaro: I am in receipt of your fax dated August 29th re Agency's Failure To Respond to your order of August 5th. [more] 9-6-2003

Letter from AFGE to the Arbitrator

This letter is in response to your letter and order dated August 5, 2003, wherein you have required both parties to make submissions to you regarding various aspects of the Union's July 18th, 2003, letter. [more] 8-6-2003

Letter from the Arbitrator

The purpose of this letter is to generally describe July 11, 2003 meeting in San Francisco, respond to the Agency's undated letter (fax date of July 9, 2003) [more] 8-5-2003

AFGE continues to push the Agency to immediately pay FLSA backpay

On July 11, 2003, the Union had a fruitful meeting with arbitrator Samual Vitaro in San Francisco, California. [more] 7-18-2003

Letter from AFGE to the Arbitrator

A brief history of the July 11th meeting would be in order. [more] 7-18-2003

Letter from the Agency to the Arbitrator

Agency fax to Arbitrator Vitaro refusing to attend meeting of July 11, 2003 [more] 7-9-2003

Announcement of Meeting on Jul 11

AFGE is pleased to announce that the Arbitrator ordered a meeting (which the union has been pressing for some months) to be held on July 11, 2003. [more] 7-8-2003

Letter from AFGE to the Arbitrator

This letter is to update you on the meeting that took place between the INS (Agency) and the NINSC (Union) on May 6, 2003. [more] 5-16-2003

Letter from AFGE to the Agency

AFGE requests further information after the Agency admits to faulty list of "Old Claimants" [more] 4-28-2003

Letter from AFGE to the Agency

AFGE informs agency that OPM can find former INS employees if provided with social security numbers and names. [more] 4-17-2003

Letter from the Arbitrator Feb 19, 2003

The arbitrator hasn't heard from the agency and wishes to expedite the payment process for uncontested claimants. [more] 2-19-2003

Letter from the Agency Regarding INS Restructure

The agency contends they cannot meet or talk about the case until further notice due to Organizational changes within INS. [more] 2-12-2003

Letter to the Arbitrator Concerning Old Claimants

Pursuant to the Jan 17 Conference call, the Union proposes an expedited payment procedure. [more] 1-30-2003

Arbitrator Letter of January 10 2003

January 17 Conference call will take place with or without the agency. [more] 1-10-2003



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