AFGE Council 228, Representing All AFGE SBA Locals, Begins Claims Process for Distribution of $7.6 million Settlement of Nationwide Class Union Grievance against the US Small Business Administration
The claims process has begun for an estimated 1,800 active, retired, deceased and separated employees at the US Small Business Administration. The claims process is designed to determine who has an overtime claim, in order for Federal Union AFGE Council 228, headed by Elaine Powell-Belnavis of New York City, to distribute part of a $7.6 million settlement regarding overtime exemptions and pay under the Fair Labor Standards Act.
Under the settlement, SBA agreed to pay $7,600,000 to resolve claims by the Union on behalf of current and former SBA employees who were not compensated properly under the Fair Labor Standards Act.
“The Union and SBA management worked together to resolve this matter,” said Michael J. Snider, Esq. of Snider & Associates LLC., Lead Counsel for AFGE Council 228, adding that “this settlement will ensure that the Agency will comply with the regulations under the FLSA and will protect both current and future SBA employees.” The Union and SBA had engaged in two years of wrangling over procedural matters and had scheduled a dozen days of hearings before agreeing to sit down and mediate a resolution of the case.
The class action Grievance and Arbitration, alleged that hundreds of employees were misclassified as exempt under the FLSA, were denied a choice of compensatory time off (“comp time”), and/or not properly compensated for travel time and “off the clock” work, known as suffer or permit overtime. The Grievance also alleged damages on behalf of already FLSA non-exempt employees for comp time and suffer or permit violations.
The Grievance was initiated in 2006 by Elaine Powell-Belnavis, President of AFGE Council 228.
45 Day Suspension Defeated! – 2/16/10, Washington, DC – Snider and Associates, LLC attorney Ari Taragin teamed up with AFGE Local 2607 President Wayne Booth and Chief Steward Adrienne Chute in a victorious arbitration challenging a 45 day suspension for a Bargaining Unit employee, for alleged ethical violations. In pre-hearing discovery, Attorney Taragin proved that there were no ethical violations and in middle of the arbitration hearing before Arbitrator M. David Vaughn, the US Department of Education asked to go on the record and withdrew the 45 day suspension in its entirety. The Agency also pledged to make the employee whole, with backpay, interest and an expunged record. Contact us at 410-653-9060 for any Federal Sector Union Arbitration, EEO or MSPB case – we provide “Justice in the Workplace”SM
Snider and Associates WINS Decision against VA in US District Court! Acie Lyons, a hardworking veteran whom the Department of Veteran Affairs (the “Agency”) penalized and then dismissed for daring to seek reasonable accommodation, won his first battle against the Agency in the District Court of Maryland, Northern Division. Mr. Lyons is a sewing machine operator whom the Agency forced to perform duties outside the scope of his job description, and contrary to his physician’s orders. Mr. Lyons suffered from a weakness in his right arm. Nonetheless, his supervisor refused to accept Mr. Lyons’ medical records, and forced him to accept a heavy-lifting position. Mr. Lyons injured his back, and was ultimately placed in a series of light-duty positions. Mr. Lyons received excellent performance evaluations in those positions. However, when he was denied a workers’ compensation claim, the Agency forced him out of those positions, and gave him the ultimatum of performing a job that was physically impossible for him or leaving the Agency. Mr. Lyons continued to seek, but was denied, reasonable accommodation. The Agency ultimately dismissed Mr. Lyons, and successfully fought him in the EEOC and the Merit Systems Protection Board. At last, this hard-working veteran has received some recognition for his desire only to be given an honest day’s work. There will be continued struggles in the District of Court of Maryland, but, in the interim, thanks to Mr. Lyons’ representation by Snider & Associates, LLC, justice has been done.
Title 38 Arbitration WIN! AFGE Local 1770 President Don Gambill and Union Attorney Michael Snider announce that the FLRA has ruled in the Union’s favor, ending three years of appeals by the US Government. The Army at Fort Bragg had failed to implement pay differential for eligible staff, blaming it on the Union. The Union had requested that the pay differential be implemented, and a federal arbitrator ruled in the Union’s favor. Hundreds of registered nurses, physician’s assistants, dental assistants, dental hygienists and dental laboratory technicians will share approximately $4 million in backpay and interest.
Snider and Associates return a HUD employee to service, after she was accused of misusing her GSA SmartCard. Read about this precedent setting decision!
In an EEO hearing recently over a non-selection in Los Angeles, a HUD official testified that ''my deposition with Snider was grueling ... he was just brutal ... I told this to my boss afterwards and he said he had the same experience.''
While we may disagree with this characterization, this is the impression that Agency management has. Keep this in mind when looking for an attorney!
Mike Snider and Jacob Statman, attorneys at Snider & Associates, LLC in Baltimore, scored a huge victory on behalf of AFGE Local 1770, a Federal Union representing civilian employees located at Ft. Bragg, NC. A FLRA Regional Director issued a decision clarifying the bargaining unit to include a Fire Prevention Specialist.
Don Gambill, President of AFGE Local 1770, was happy to hear the news, which adds at least one employee to the bargaining unit represented by the Union. His reaction was that "Snider & Associates does consistently good work for our Union and bargaining unit employees, including two recent Arbitration awards amounting to millions of dollars in recovery of backpay." Mr. Snider stated that he was "happy to produce good work" and that "Mr. Statman really earned his pay on this case." The hotly litigated case revolved around whether the employee at issue was a "management official" and therefore not eligible for inclusion in the bargaining unit. Click HERE to view the document in PDF, HERE to view it in WORD and HERE to view it in HTML.
Snider & Associates, AFGE and NFFE settle with HUD in FLSA Overtime Grievance, HUD agrees to pay $24 million in back pay! Click here to see!
Snider & Associates WIN at US Court of Appeals for the 4th Circuit, overturning US District Court Judge who granted a Motion to Dismiss in race discrimination and retaliation case against the US Department of Veterans Affairs. Click to see!
FLSA Overtime win vs. US Department of Labor. Arbitrator rejects DOL arguments and finds FLSA case completely arbitrable.
Snider and Associates wins Title 38 backpay case, securing over $2.1 million in backpay and damages for DoD nurses. Click here for more information.
FLSA/AWS WIN: AFGE 1770 and Overtime Attorney Michael J. Snider of Snider and Associates win over $4.2 million in backpay and interest for Hospital nurses, techs and other employees forced to work 9, 10 and 12 hour shifts. Backpay awarded going back years.
FLSA Class Action Settlement. NFFE at Watervliet, NY and Overtime Attorney Michael J. Snider of Snider and Associates settle FLSA overtime case, winning hundreds of thousands of dollars in backpay and damages plus attorney fees.
Snider and Associates Union Attorney Michael J. Snider and AFGE 1770 President Don Gambill win Unit Clarification for Fire Prevention Specialist Position.
FLSA Class Action Settlement. AFGE Local 32 (OPM) and Overtime Attorney Michael J. Snider of Snider and Associates settle FLSA overtime case, winning nearly half a million dollars in backpay and damages and attorney fees.
Summary Judgment Defeated by Snider and Associates attorneys in Employment Discrimination Case.
FLSA Class Action Settlement. NFFE 1998 (Passport Agency, US Department of State) and Overtime Attorney Michael J. Snider of Snider and Associates settle FLSA overtime case, winning hundreds of thousands of dollars in backpay and damages plus attorney fees.
FLSA Class Action Settlement. Union Attorney Michael J. Snider and AFGE 1770 President Don Gambill settle FLSA overtime case, winning hundreds of thousands of dollars in backpay and damages plus attorney fees.