GS-360 Equal Opportunity Specialist Decision!

The 51 page decision can be distilled in the Summary and Order:

1. HUD did not properly exempt GS-360 EOSs, grades 11, 12, 13, 14 and 15 bargaining unit employees from the FLSA when it classified these employees as exempt based solely on grade;
   
2. HUD did not properly exempt GS-360 EOSs, grades 11, 12, 13, 14 and 15 bargaining unit employees from the FLSA when it classified these employees as exempt based solely on position descriptions;
   
3. While HUD has already determined sua sponte that the GS-360 EOSs, grade 11, are FLSA nonexempt, the Arbitrator finds that for the GS-360 EOS, grade 12 and 13, regarding the administrative employee exemption: criteria (a)(1), (2), (3); (b)(1) and (c) are not met; criterion (b)(2) is met; and criterion (d) is not applicable;
   
4. HUD has not met its burden of proof to support an FLSA administrative employee exemption for the GS-360 EOS, grades 14 and 15 and, pursuant to 5 CFR Section 551.202(a), these employees are FLSA nonexempt.
   
5. HUD must immediately: reclassify GS-360 EOS, grade 11, 12, 13, 14 and 15 as FLSA nonexempt; correct all applicable personnel records, including electronic records, to reflect this reclassification; and compensate these employees according to the applicable law, rule and regulations.
   
6. Pursuant [sic] the parties’ collective bargaining agreement, Section 23.04—Arbitration Fees and Expenses, I find that HUD is the losing party. Therefore, HUD shall pay the Arbitrator’s fees and expenses.
   
7. The back-pay owed to these bargaining unit employee grievants, if any, will be the subject of a subsequent Opinion and Award, absent settlement.

AFGE Council 222 President Carolyn Federoff wrote to her Unit:

We couldn't have done it without your participation. Thank you. I also want to extend my thanks to Michael Snider and his associates. Although some of us are lawyers, we are HUD lawyers-not labor lawyers, and certainly not FLSA lawyers. Their knowledge of the law, coupled with your knowledge of the facts of your job created a winning combination. Congratulations!

The Law Offices of Snider and Associates have been busily contacting Department Of Housing and Urban Development grievants at Grades 10 and below about how much unpaid overtime they have worked. Council 222 FLSA Stewards are now joining the effort. We are trying to find out from every Bargaining Unit employee at Grades 10 and below what uncompensated overtime they have worked.

In September of 2005, the Agency agreed that all employees at Grades 10 and below are protected by the FLSA. The Union is now preparing to present evidence that employees at Grades 10 and below worked beyond their regular tour of duty but were not properly compensated. The Union will submit affidavits from employees, and some employees will get to testify in front of the Arbitrator.

One of the results of this agreement is that every Bargaining Unit Employee at Grade 10 or below is entitled to overtime pay (time and a half) for overtime work. If the employee would rather work for com ptime, he or she can do so. But the choice belongs to the employee.

In December of 2006, in order to ensure compliance with the earlier settlement agreement, the Agency agreed to provide the Union with Comp-time and Overtime pay records for all employees at Grades 10 and below on a quarterly basis, so that the union can check whether employees are given a choice about comp time. Snider and Associates paralegals are calling all of the affected employees to see whether they were really given a choice.

Snider and Associates paralegals are also calling Paralegals at Grades 11 and 12. The Agency has agreed that they were wrongfully exempted. The Union is preparing to present their claims of uncompensated overtime.

Snider and Associates paralegals are also calling IT Specialists, GS 2210 to learn about their job duties to present to the arbitrator whether they are wrongfully exempt from the FLSA.

Please call Snider and Associates at 410 653-9060 and speak to one of the FLSA paralegals about your uncompensated overtime. The only way to get paid for the time you worked is to tell the Arbitrator, either in person or in writing!

AFGE Council 222 and NFFE Local 1450 v. United States Department of Housing and Urban Development FLSA Grievance Document Library