01-0002
Office of the General Counsel
File Number: 01-0002
[claimant's name and address]
Dear [claimant]:
This letter is in response to your claim, #01-0002, which we received on October 17, 2000. Your claim for overtime compensation was transferred to this office from the Board of Contract Appeals (see attachment 1). After reviewing your claim, filed May 19, 2000, the Board determined that your claim fell under the jurisdiction of the Office of Personnel Management (OPM).
Since receiving your claim from the Board, we have discovered that you also submitted the same claim to the San Francisco Oversight Division of OPMs Office of Merit Systems Oversight and Effectiveness. In conducting factfinding on your claim, they determined that you occupy a position that is not exempt from and, therefore covered by, the Fair Labor Standards Act (FLSA). However, they further determined that your position has been covered by an interim bargaining agreement of the International Association of Machinists (IAM), Local 282. That agreement provides the exclusive remedy for the settlement of bargaining unit grievances concerning FLSA pay claims since it does not specifically exclude those matters from its coverage. Any grievance or FLSA claim not satisfactorily settled under the grievance procedure is subject to binding arbitration. Arbitration may be invoked by either the IAM or by your agency. However, OPM has no role in resolving such a grievance or claim.
Based on our subsequent review of your claim, we concur with the decision rendered by OPMs San Francisco Oversight Division. The FLSA, which governs the exemption status and overtime pay provisions for positions like yours, gives OPM the authority to administer the FLSA as it applies to Federal employees. However, employees whose positions are covered by a bargaining agreement that does not specifically exclude FLSA claims must follow their negotiated grievance procedure when making an FLSA claim. OPM does not process such claims since the negotiated procedure provides the exclusive administrative remedy for employees whose positions are or were covered by a bargaining agreement at any time during the claim period.
[claimant]
We are providing a copy of our response to the Board of Contract Appeals, so they may understand the reason for OPM not adjudicating your claim, as they initially advised you. If I can be of further assistance in this matter, please call me on (202) 606-2530.
Melissa A. Drummond
Program Manager
Enclosure
Copies provided to:
[union representative's name and address]
[agency's name and address]
Ms. Beatrice Jones
Office of the Clerk of the Board
Board of Contract Appeals
General Services Administration
1800 F Street, N.W.
Washington, DC 20405
Mr. Carlos Torrico
FLSA Claims Officer
San Francisco Oversight Division
U.S. Office of Personnel Management
700 5th Avenue
Suite 5950
Seattle, WA 98104-5012