Addison-Taylor v. United States

51 Fed. Cl. 25, 2001 U.S. Claims LEXIS 219, 2001 WL 1529609
CourtUnited States Court of Federal Claims
DecidedNovember 7, 2001
DocketNo. 99-889C
StatusPublished
Cited by5 cases

This text of 51 Fed. Cl. 25 (Addison-Taylor v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Addison-Taylor v. United States, 51 Fed. Cl. 25, 2001 U.S. Claims LEXIS 219, 2001 WL 1529609 (uscfc 2001).

Opinion

OPINION

BRUGGINK, Judge.

This is an action brought by present and former employees of the Defense Logistics Agency (“DLA”) for the alleged wrongful denial of overtime pay pursuant to the Fair Labor Standards Act, 29 U.S.C. § 207 (1994). Pending is defendant’s motion to dismiss for lack of subject matter jurisdiction, or in the alternative, defendant’s motion for summary judgment. The matter has been extensively briefed and orally argued. For the reasons set out below, we grant defendant’s motion to dismiss.

BACKGROUND1

Plaintiffs in this case are all present or former employees of DLA, a component of the Department of Defense. Prior to July 2, 1999, plaintiffs were all employed at the Defense Industrial Supply Center (“DISC”) in Philadelphia, Pennsylvania, a field activity of DLA. After that date, the DLA was reorganized and the DISC was disestablished and incorporated into the Defense Supply Center (“DSCP”) which is also located in Philadelphia, Pennsylvania.

While employed at DISC, plaintiffs were all members of the American Federation of Government Employees (“AFGE”), bargaining unit Local 1698. After DISC was disestablished, Local 1698 merged into Local 62. All of the plaintiffs in this action are DLA employees who were previously in AFGE Local 1698 but are now in AFGE Local 62. Local 1698 was the exclusive bargaining unit [27]*27representative of all DISC employees prior to its disestablishment and Local 62 became the exclusive bargaining unit representative for all DSCP employees. The DLA Council of AFGE Locals, in turn, is the exclusive collective bargaining agent of all Locals and all bargaining unit employees in those Locals.

Relevant to the pending motion is a collective bargaining agreement entered into between DLA and the DLA Council of AFGE Locals on May 14, 1997. The terms of the collective bargaining agreement apply to all DLA employees in the local AFGE bargaining units irrespective of whether they are members of the local. Thus, all of the plaintiffs in the current action are covered by the collective bargaining agreement (“CBA”).

Article 2 of the CBA, Governing Laws and Regulations, provides, among other things, that the parties to the agreement “are and shall be governed by all applicable laws of the United States ..and that “[t]he Agency shall effectively enforce all provisions of the Civil Service Reform Act of 1978 ----” In addition, Article 21. Overtime Assignments, provides that “[p]ayment for overtime worked or granting compensatory time off, in lieu thereof, shall be in accordance with applicable laws and Government-wide regulations.”

The grievance procedures are set out in Article 36.2 An employee “grievance” is defined as follows:

A grievance by a bargaining unit employee(s) is a request for personal relief in any matter of concern or dissatisfaction to the employee or group of employees concerning the interpretation, application and/or violation of this Agreement or the supplement under which the employee(s) is covered, or the interpretation or application of any law, rule or regulation with respect to personnel policies, practices and any other matters affecting conditions of employment.

The parties do not dispute that this language covers Fair Labor Standards Act (“FLSA”) claims. The agreement later states that “[a] Union Grievance deals with a broad and general subject rather than an individual case except by mutual agreement of the Parties____” Pls.’ App. at 50. Article 36 § 6 provides that the grievance procedure “is the exclusive procedure available to bargaining unit employees for the resolution of grievances.”

Although the grievance procedures are exclusive for all covered grievances, under Article 36, the two sides agreed to exclude certain matters. Violations of the FLSA are not, however, excluded. Article 36 also allows either party to the grievance, if not satisfied with the decision, to submit the matter to arbitration.

During 1997 and 1998, eleven Locals filed substantively identical “Union Grievances” against DLA for the wrongful denial of FLSA overtime pay.3 Local 1698 filed its [28]*28grievance on December 21, 1998. In pertinent part, it states the following:

I. Nature of Grievance
This is a grievance regarding the wrongful failure of [DISC] ... to pay FLSA overtime compensation to bargaining unit members____ Thus, this grievance concerns the misapplication of laws and regulations affecting the pay and working conditions of AFGE Local 1698 bargaining unit members employed by DLA. In addition, the agency’s failure to provide employees with the FLSA overtime is in violation of article 21, section 1 of the collective bargaining agreement.
On behalf of current and former AFGE Local 1698 members and pursuant to Article 36 of the collective bargaining agreement covering the parties, AFGE Local 1698 hereby grieves the wrongful failure of the United States Government to provide them with time and one-half overtime compensation in accordance with Section 7 of the FLSA, 29 U.S.C. § 207(a), and Title 5 of the U.S.C.
For the past three years and before, and continuing to date, the Agency has violated and continues to violate the provisions of the FLSA and Title 5 by failing and refusing, in a willful and intentional manner, to pay the overtime pay required under law to employees at grades GS-12 and below who work in the positions occupied by AFGE Local 1698 bargaining unit members.
As all of the DLA members at the GS-09 and above grade level represented by AFGE Local 1698 are currently improperly classified as “exempt” from the FLSA each and every time that these employees have worked overtime during the past three years, the Agency has failed to properly compensate them for that work____
In accordance with Article 36, Section 8, the unit employees covered by this grievance hereby designate AFGE Local 1698 to act as their representative in this matter.
II. Relief Sought:
AFGE Local 1698 seeks relief to the fullest extent available under the law for the Agency’s wrongful failure to pay FLSA overtime pay to bargaining unit employees. In addition, for each bargaining unit member who ultimately expresses an interest in pursuing a damage award, AFGE Local 1698 seeks an award of back wages ... as defined under the FLSA____
Further, in accordance with Section 16(b) of the FLSA, AFGE Local 1698 seeks an equal amount of damages in the form of liquidated damages and reimbursement of attorney fees and expenses incurred in pursuing the employees rights under the FLSA to make the Union whole again____
Of course, AFGE Local 1698 also seeks to have the FLSA status of each bargaining unit member who is now classified as FLSA exempt to be changed to FLSA non-exempt so that these employees can begin receiving true FLSA overtime as required under the law.

The agency denied all of the Locals’ grievances, including that of Local 1698.

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Related

Addison-Taylor v. United States
63 Fed. Cl. 345 (Federal Claims, 2004)
Robert O. Mudge v. United States
308 F.3d 1220 (Federal Circuit, 2002)
Bailey v. United States
52 Fed. Cl. 105 (Federal Claims, 2002)

Cite This Page — Counsel Stack

Bluebook (online)
51 Fed. Cl. 25, 2001 U.S. Claims LEXIS 219, 2001 WL 1529609, Counsel Stack Legal Research, https://law.counselstack.com/opinion/addison-taylor-v-united-states-uscfc-2001.