In December of 2009, AFGE Local 2607, representing the employees in District of Columbia Headquarters, filed a grievance against the United States Department of Education on behalf of all bargaining unit employees. The Grievance alleged violations of the Fair Labor Standards Act (FLSA) and Title V (FEPA), among other violations.
In August of 2013, the rest of AFGE Council 252, representing Department of Education employees outside of Headquarters Office, filed a similar grievance containing the same allegations on behalf of all Council bargaining unit employees not covered by AFGE Local 2607’s grievance.
The Law Offices of Snider and Associates, as the legal representatives for the Union, are working hard for the bargaining unit employees to ensure that their rights under federal law are upheld. As part of the process, we have been busily contacting ED employees about their job duties and how much unpaid overtime they have worked.
The Union and Agency have resolved which positions should be FLSA Exempt and which should be non-exempt. The next stage of the case is to recover damages for the Union on behalf of bargaining unit employees. Employees covered by the FLSA may be entitled to compensation for suffered or permitted overtime, and employees covered by FEPA may be entitled to pay for work that was ordered or induced to be performed but not paid properly. Additionally, there are damages which flow from the Agency’s failure to properly designate certain employees as FLSA non-exempt.
In August 2016, Arbitrator Joseph Sharnoff was selected by the Parties to oversee the arbitration of both cases, AFGE Local 2607 and AFGE Council 252. Currently, the Union and law firm are in the midst of arbitration hearings to determine which employees were not properly compensated for overtime they performed, and to what extent. Hearings began in Washington, DC in June of 2017 and will continue through 2018.
The Union will also attempt to negotiate a settlement with the Agency. We expect this process to continue for some time as we gather more information about overtime work from bargaining unit employees, gather certain data from Agency records, and prepare witnesses for the hearings. If you are or were in the AFGE bargaining units at the Department of Education, please contact us if you believe you have information to share about overtime for which you did not receive proper compensation.
All bargaining unit employees, whether or not they are members of the union, and regardless of position or pay grade, are covered by this grievance and could potentially benefit from a successful result.