Addison-Taylor v. United States

63 Fed. Cl. 345, 2004 U.S. Claims LEXIS 348, 2004 WL 3049336
CourtUnited States Court of Federal Claims
DecidedDecember 28, 2004
DocketNo. 99-889C
StatusPublished
Cited by2 cases

This text of 63 Fed. Cl. 345 (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, 63 Fed. Cl. 345, 2004 U.S. Claims LEXIS 348, 2004 WL 3049336 (uscfc 2004).

Opinion

[346]*346OPINION

BRUGGINK, Judge.

This is an action brought by present and former employees of the Defense Logistics Agency for the alleged wrongful denial of overtime pay pursuant to the Fair Labor Standards Act, 29 U.S.C. § 207 (2000). We initially dismissed the case in 2001 for lack of jurisdiction, holding that plaintiffs’ exclusive remedy for challenging the failure to pay overtime wages was under their collective bargaining agreement. See Addison-Taylor v. United States, 51 Fed.Cl. 25 (2001) lAddison-Taylor I). Plaintiffs appealed. The decisions of the Federal Circuit in the companion cases of Mudge v. United States, 308 F.3d 1220 (Fed.Cir.2002), and O’Connor v. United States, 308 F.3d 1233 (Fed.Cir.2002), effectively reversed Addisorir-Taylor I, and the case was remanded. Addison-Taylor v. United States, 73 Fed.Appx. 418 (Fed.Cir.2003).

At the time the case was initially dismissed, defendant also had pending a motion for summary judgment. Defendant contended that plaintiffs’ claims were barred because their union executed an agreement in 1999 settling the claim, thereby constituting an accord and satisfaction. By order of April 26, 2004, the court directed the parties to brief the issue of accord and satisfaction in light of O’Connor, which also addressed similar arguments. During briefing, the parties notified the court that an additional settlement agreement affecting these parties was executed in March 2004. The matter has been briefed fully only with respect to the effect of the 1999 settlement agreement. Oral argument was held on December 13, 2004. For the reasons set out below, we agree with defendant that the claims of certain plaintiffs are completely barred by the 1999 agreement and that the claims of remaining plaintiffs are partially barred. We also conclude, however, that the remaining claims must be addressed in light of the more recent settlement agreement.

BACKGROUND

Plaintiffs in this case are present or former employees of the Defense Logistics Agency (“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 DISC was disestablished and incorporated into the Defense Supply Center (“DSCP”), which is also located in Philadelphia.

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

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 union. All of the plaintiffs in the current action are members of that bargaining unit and, thus, covered by the collective bargaining agreement.

The grievance procedures are set out in Article 36. An employee “grievance” is defined as follows:

A grievance by a bargaining unit employee^) 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.

[347]*347The pai'ties 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.” Article 36 § 6 also provides that the grievance procedure “is the exclusive procedure available to bargaining unit employees for the resolution of grievances.” It 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.1 Local 1698 filed its grievance on December 21, 1998. In pertinent part, it stated the following:

1. 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 them 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----

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Cite This Page — Counsel Stack

Bluebook (online)
63 Fed. Cl. 345, 2004 U.S. Claims LEXIS 348, 2004 WL 3049336, Counsel Stack Legal Research, https://law.counselstack.com/opinion/addison-taylor-v-united-states-uscfc-2004.