Washington, DC
U.S. Office of Personnel Management
Fair Labor Standards Act Decision
Under section 204(f) of title 29, United States Code
Slidell Outpatient Clinic
Southeast Louisiana Veterans
Healthcare System (SLVHCS)
U.S. Department of Veterans Affairs (VA)
Slidell, Louisiana
Robert D. Hendler
Classification and Pay Claims
Program Manager
Merit System Audit and Compliance
10/27/2010
Date
As provided in section 551.708 of title 5, Code of Federal Regulations (
Introduction
On
In reaching our FLSA decision, we have carefully considered all information furnished by the claimant and additional documentation we received from his agency on
Jurisdiction
Although OPM has the authority to adjudicate FLSA claims for many Federal employees, OPM cannot take jurisdiction over FLSA claims of Federal employees that are or were subject to a negotiated grievance procedure (NGP) under a collective bargaining agreement (
The claimant states he “was not a member of a collective bargaining unit during the period nor was [he] covered by the negotiated grievance procedure during this period.” Union membership status is not germane to determining claims settlement jurisdiction. Information provided by the agency shows the claimant occupies a bargaining unit position. The CBA between VA and the American Federation of Government Employees (
Decision
The claim is denied based on lack of jurisdiction.
[1] Although we may not render a decision on this claim, we note the claimant erroneously relied on U.S. Department of Labor FLSA regulations codified in title 29, Code of Federal Regulations. VA and its employees fall under OPM’s FLSA regulations in Part 551 of title 5, CFR.