An AFGE representative last week testified before Congress urging lawmakers to pass a bill to ensure that all Department of Veterans Affairs employees are accurately compensated for working overtime, the night shift, weekend shift, or on a holiday.
Speaking before the House Committee on Veterans’ Affairs Subcommittee on Oversight and Investigations on pending legislation, AFGE Local 1633 Secretary-Treasurer Joycelyn Westbrooks, representing workers at the Michael E. DeBakey VA Medical Center in Houston, Texas, expressed strong support for a bill that would prevent the VA from using its authority to prevent Title 38 VA employees from filing grievances for incorrect paychecks.
Specifically, the VA Correct Compensation Act, introduced by Reps. Mark Takano and Mike Bost, will allow Title 38 VA employees – physicians, dentists, podiatrists, registered nurses, physician assistants, optometrists, chiropractors, and expanded-function dental auxiliaries to ask for remedies to routine payroll errors.
“This is commonsense legislation that will give employees the opportunity to file a grievance and have a fair process to make themselves whole and help with retaining clinicians at the agency,” said Westbrooks, who has served as a registered nurse at the VA for the past 40 years. “Unfortunately, payroll errors are a common problem at the VA. All too often, the VA fails to accurately calculate if a covered employee worked overtime, the night shift, weekend shift, or on a holiday.”
Westbrooks pointed out discrepancy in the right to correct payroll errors. If the affected employee is a Tile 38 hybrid employee who is employed under a combination of Title 5 and Title 38 laws, such as therapist, pharmacist, licensed practical nurse, that person will have no problem filing a grievance and receive the money owed under the law. But if an employee is appointed as a pure Title 38 employee, the VA can and does invoke its authorities to deny the grievance.
“In practice, this means that a Registered Nurse does not have the same rights as a Licensed Practical Nurse, an optometrist does not have the same rights as an audiologist, and a psychiatrist does not have the same rights as psychologist,” she explained. “Beyond this inherent inequity, over 30 years, the VA’s use of this authority has discouraged employees from even filing grievances to correct their pay, which harms morale around the country.”
Westbrooks gave an example of a grievance AFGE filed on behalf of operating room nurses at the VAMC Ashville, North Carolina. The nurses were called in to work overtime between 6 p.m. and 6 a.m. on Saturday and Sunday, which were outside their regular work schedule. The VA had denied the nurses the night differential and weekend pay. The arbitrator, however, ruled in favor of AFGE and directed the VA to correctly pay them. But the VA refused to comply, citing its authorities under 38 U.S.C. 7422 that have been broadly interpreted.
The AFGE National VA Council, which represents more than 75,000 Title 38 employees, urged Congress to pass the VA Correct Compensation Act as Title 38 employees deserve the same rights as all other union members.
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