veterans affairs overtime policy

But it is not clear whether this policy replaced an earlier policy or was entirely new. But a watchdog investigation found staff weren't working on those claims half the time. "Majority of hours" means a number of whole hours greater than one-half (including meal breaks), e.g., 5 hours of a scheduled 8 hour shift. The arbitrator had denied the grievance, in part because of the Union’s failure to object to the Agency’s overtime practices over a period of several years. GC Ex. Both supervisors mentioned the layout of the office was such that they did not have a direct view of the claimant and his private office. 111. The claimant has the right to bring action in the appropriate Federal court if dissatisfied with this decision. While the grievance before Arbitrator Schmerin involved only the overtime procedures in the Police Service, the language and rationale of that decision was applicable to any department within the Medical Center, since the overtime provisions in the Master Agreement and the local Supplemental Agreement are the same for all departments. He states only that the permanent supervisor “was aware” because the supervisor directed front office personnel to assign walk-in and telephonic complaints during lunch hours. 103. In such cases, the employee's holiday is the basic workday immediately preceding the nonworkday. I think I called Surgery and I think I called a couple of other services just out of the blue,” Kielhack stated. Asked whether he called the Medicine Service,  Kielhack replied, “There’s a couple of services that I can’t remember who I called. at 8-9. The arbitrator further required that the Union participate in the implementation of the new procedures, and that the Union “have the right at any time to view the records to insure compliance with overtime hours worked.”. Eight of the claimant’s former co-workers at SEO (who worked with him during part or all of the claim period) were interviewed and provided information relevant to his claim. In Mercier v. United States, No. c. Did the claimant’s supervisor have the opportunity to prevent the work from being performed? 98. Most employees in Virginia are entitled to overtime pay for any hours worked beyond 40 in a workweek. The minimum overtime wage is 1.5 times an employee's regular rate. The claimant’s permanent supervisor stated he never saw the claimant work anytime outside his scheduled duty hours, and no other counselors or staff members ever told him so. The first question is whether the Union established a particularized need for the requested information. Submitted with the claim are work calendars showing the hours and FLSA overtime worked during the claim period for each week the claimant worked in the office. I. Found inside – Page 14The previous float pool consisted mainly of nursing students willing to work nights and weekends . Mandatory Overtime . One proposal that would help reduce employment agency use is to implement a mandatory overtime policy . When interviewed, the claimant’s permanent supervisor stated he had no knowledge of the emails, and the temporary supervisor could not recall them. He noted he had 17 emails from the claimant which he sent after 4:30 p.m. during his employment, but these were never shared with the claimant’s supervisors. However, as discussed above, the claimant began his employment at SEO on July 19, 2009, so the period of this claim commences on that date. 11 p.m. to 8 a.m. 10 percent differential. By doing so, Marshall believed that “later on down the road, when I have a bunch of people come to me and say, hey, they’re still not . SUMMARY OF CONTENTS/MAJOR CHANGES: This directive sets forth policies previously In accordance with NIH policy, investigators with joint appointments at a VAMC (VA hospital) and an affiliated university must have a valid Memorandum of Understanding (MOU) that specifies (at both the university and the VAMC) the following:. Law360, Los Angeles (February 26, 2014, 3:59 PM EST) -- The U.S. Department of Veterans Affairs was … electronically, on the same date, such as by email, posting on an intranet or internet site, or other electronic means, if such are customarily used to communicate with employees, and sent to all bargaining unit employees. To decide if the claimant performed unpaid overtime work under the FLSA, we must determine whether he performed any work before or after his scheduled duty hours that was “suffered or permitted” under the Act. 77), and for registered nurses in the Nursing Service (Tr. GC Ex. Tr. Overtime Pay for Nurses, PAs, and EFDAs • (1) Except as provided in paragraph 3a of this chapter, probational and permanent full-time nurses, PAs, and EFDAs are employed on the basis of a 40- When interviewed, the temporary supervisor stated he had no reason to believe the claimant worked outside his scheduled duty hours, and the claimant never mentioned to him he needed to work before and after his tour of duty to complete his work on a timely basis. 8. The Statute requires an agency to provide data that is reasonably available. [are in] compliance with the DVA/AFGE Master Agreement provisions[.]. With prodding on cross-examination, he admitted that he didn’t contact anyone from the Nursing Service or the Chaplain Service. VA helps Servicemembers, Veterans, and eligible surviving spouses become homeowners. b. Found inside – Page 96hearing before the Committee on Veterans' Affairs, House of Representatives, Subcommittee on Health, ... For example , doctors and other direct care providers work overtime without pay because they must meet unrealistic performance ... . The Department of Veterans Affairs employs 239,299 persons and operates programs to benefit veterans and their families with an annual budget of $97 billion. endstream endobj startxref (2)   the claimant produces enough evidence to show the amount and extent of that work as a matter of reasonable inference. 27-28. Kielhack’s failure to tell the Union that some of the requested information did not exist is an additional basis for finding that the Agency violated § 7116(a)(1), (5), and (8) of the Statute. This request is in compliance with the Arbitrator’s decision regarding Union review of Overtime Procedures for all Services [and subdivisions] Overtime Procedures . I am a disabled veteran working for the Dept of Veterans Affairs. Found inside – Page 103Hearing Before the Committee on Veterans' Affairs, United States Senate, One Hundred Tenth Congress, ... It is time for the VA to implement its own evidence - based overtime policy using a common definition of emergency to mandate ... Alert box notification is currently enabled, please, Received no overtime pay for work performed during lunch breaks, and before and after scheduled tour of duty, follow this link to enable alert boxes for your profile, follow this link to disable alert boxes for your profile, Classifying Federal Wage System Positions, Fact Sheet: Additional Guidance in Connection with the COVID-19 Emergency, Frequently Asked Questions on Evacuation Payments During a Pandemic Health Crisis, Federal Workforce Priorities Report (FWPR), Federal Labor-Management Information System, Recruitment, Relocation & Retention Incentives. During the claim period, the claimant was employed as an Equal Employment Specialist, GS-260-11, at the Southeastern Operations Office (SEO), Office of Resolution Management (ORM), Department of Veterans Affairs (DVA), Bay Pines, Florida. 2. The claimant’s team leader stated he had no knowledge of the claimant working before or after duty hours and could not observe him because his office was located in Lake City, Florida. .”. Firefighters are a good example. The claimant mentioned to one witness he worked during lunch, but did not specify when he took lunch. Stars and Stripes reported last week that overtime has cost about $300,000 every week since the beginning of August, totaling about $4.5 million.. As an initial matter, it is clear that the Union was referring to Arbitrator Schmerin’s award when it said it needed the information “in compliance with the Arbitrator’s decision regarding Union review of Overtime Procedures.”  GC Ex. Found inside – Page 710VETERANS AFFAIRS DEPARTMENT Basic pay rates , 38 $ 7455 Continued Civil service , exemptions , 38 87403 Veterans - Continued ... 38 $ 7409 Overtime pay , 38 SS 7453 , 7456 Grades , 38 88 7403 , 7404 Per diem , National Commission on VA ... See 5 U.S.C. Prepare for a visit: Everyone entering our facilities is screened, and visitors are limited. In addition, although the claimant’s team leader received work-related emails from the claimant after the claimant’s duty hours, the team leader stated these were never discussed or shared with the supervisors, and one supervisor confirmed he had no knowledge of them and the other could not recall them. After investigating the charge, the Regional Director of the FLRA’s Washington Region issued a Complaint and Notice of Hearing on May 3, 2013, on behalf of the FLRA’s General Counsel (GC), alleging that the Agency violated § 7116(a)(1), (5), and (8) of the Statute by failing to furnish the Union with information it had requested. a. We interviewed both of these supervisors. Did the claimant’s supervisor know or have reason to believe the work was being performed? See 29 U.S.C. Department of Veterans Affairs VA DIRECTIVE 5011 Washington, DC 20420 Transmittal Sheet April 15, 2002 . He could have obtained the answer to the Union’s request much more efficiently, and with a digital paper trail, by sending a group email to all service and section managers and forwarding their replies to the Union. $18.75 an hour. managers to find out about their overtime policies, he and the Respondent seem to be living in a pre-computer universe. The U.S. Department of Veterans Affairs awarded a contract to Roy Anderson … 16, 27-28. at 13-15. This Notice must remain posted for sixty (60) consecutive days from the date of posting and must not be altered, defaced, or covered by any other material. Because this witness’ tour of duty ended at 5:30 p.m., he would sometimes see the claimant’s car in the parking lot after 4:30 p.m. but it was gone by the time the witness left at 5:30 p.m.  None of these three witnesses knew how long the claimant stayed after 4:30 p.m.  A fourth witness interviewed stated the claimant told her that sometimes when he was preparing to leave work at the end of the day, he received phone calls from complainants and would stay after work to handle them. When an agency “reasonably requests clarification” of a union’s information request, the union’s failure to respond to the request is “taken into account” (but is not determinative) in figuring out whether the union has established a particularized need for the information. A lawsuit accusing the U.S. Department of Veterans Affairs of failing to pay overtime to nurse practitioners and physician assistants since December of 2006 has been certified as a class action. Aston Carter 3.5. 1. Meanwhile, Union President Jennifer Marshall was grappling with Arbitrator Schmerin’s award. Claim Period. Under the provisions of 5 CFR 551.104, he performed “suffered or permitted” work if: a. he performed work, whether requested or not, before or after his scheduled duty hours; b. his supervisor knew or had reason to believe the work was being performed; and. 105. He also lists working in the office on February 1 and 8, 2010, but the agency’s official time and attendance records show he was granted eight hours approved annual leave for each of those days. 111. Found inside – Page 196Hearing Before the Committee on Veterans' Affairs, House of Representatives, One Hundred Third Congress, ... The outlook for FY 1994 , based on a projection of 417 FTE without any consideration of overtime pay , is an average processing ... REASON FOR ISSUE: To issue Department of Veterans Affairs (VA) procedures regarding hours of duty and leave. 2017 Jan 1;207:157-162. doi: 10.1016/j.jad.2016.09.044. Tr. The certification is listed as an opt-in class, opening the door for more plaintiffs. GC Ex. Protecting rights and facilitating stable relationships among federal agencies, labor organizations, and employees while advancing an effective and efficient government through the administration of the Federal Service Labor-Management Relations Statute. However, the counselor team leader who assigned and reviewed counselors’ work was out-stationed in a separate building in Lake City, Florida, approximately 180 miles north of Bay Pines. The calendars were prepared by the claimant after he left SEO-ORM. time in lieu of overtime pay. Also at the hearing, the witness indicated for the first time that he believed the rest of the requested information did not exist. WE WILL furnish the American Federation of Government Employees, Local 2145. will be implemented under the provisions of the DVA/AFGE Master Agreement thereby avoiding grievances and 3rd party review. 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