Washington, DC
U.S. Office of Personnel Management
Fair Labor Standards Act Decision
Under section 204(f) of title 29, United States Code
National Consolidated Mail Out
Pharmacy Office
Department of Veterans Affairs
Tucson, Arizona
Robert D. Hendler
Classification and Pay Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
04/29/2014
Date
As provided in section 551.708 of title 5, Code of Federal Regulations (
Introduction
On August 8, 2013, the U.S. Office of Personnel Management's (OPM) Merit System Accountability and Compliance received this FLSA claim seeking on-call and standby duty pay for the period June 27, 2008, to February 27, 2012.
We have accepted and decided this claim under section 4(f) of the FLSA, as amended, codified at section 204(f) of title 29, United States Code (U.S.C.)
Jurisdiction
OPM has authority to adjudicate FLSA claims for Federal employees under the provisions of section 204(f) of title 29, U.S.C. OPM’s adjudication authority is an administrative remedy, not a judicial remedy. See 5
Information submitted by the claimant (i.e., Notification of Personnel Actions, Standard Form 50s showing the bargaining unit status in block 37) shows that the claimant occupies a bargaining unit position. The Master Agreements between the Department of Veterans Affairs and the American Federation of Government Employees covering the claimant during the period of the claim do not specifically exclude compensation issues from the NGP (Article 42 in the 1997 CBA and Article 43 in the 2011 CBA). Therefore, this claim must be construed as covered by the NGPs the claimant was subject to during the claim period and OPM has no jurisdiction to adjudicate his claim.
Decision
The claim is denied based on lack of jurisdiction.