(May 11, 2015)
In order to further improve the lines of communication and to respond to the concerns between
the National VA Council and you our members, I have established a National VA Council
Briefing. This NVAC Briefing will bring you the latest news and developments within DVA and
provide you with the current status of issues this Council is currently addressing. I believe that
this NVAC Briefing will greatly enhance the way in which we communicate and the way in which
we share new information, keeping you better informed.
Alma L. Lee
National VA Council, President
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In This Briefing: Payment Under AFGE/VA FLSA Settlement
Agreement
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I just returned from a extensive road trip to multiple VA facilities in New England to meet with OI&T
staff at those locations. Now that I am back in the office I wanted to respond, before I am back out on
the road next week at another group of facilities for additional town halls with OI&T staff.
The original settlement and revised agreement is for AFGE members or employees who were miscoded
as non-AFGE bargaining unit employees. Those employees can find information at this link:
http://vaww.oit.va.gov/va_afge.asp
The actions taken subsequent to the original and revised AFGE agreements recognizes that more than
AFGE members were impacted and as a result we worked to determine how we could settle this
situation as fairly as possible and for as many people as possible.
In support of this effort, the Office of Human Resources and Administration consulted with the Office of
Personnel Management’s pay and leave policy experts to determine if we (OI&T) could pay eligible nonAFGE Computer Specialist liquidated damages under FLSA. OPM advised OGC and HR&A that OI&T can
only pay eligible non-AFGE Computer Specialists the difference between the FLSA rate for overtime
hours the Computer specialists should have been paid minus the Title 5 overtime rate for overtime
hours the Computer Specialists actually were paid, plus interest, for two years prior to the date of the
administrative determination (i.e., pay period 27 of 2012) through the date the employees’ FLSA codes
were changed to FLSA non-exempt. HR&A is currently reviewing the records of current and former non-
supervisory Computer Specialists outside of the AFGE bargaining unit to confirm which Computer
Specialists would be eligible for back pay.
I know that this does not necessarily address all of your questions. To the extent you feel comfortable,
please send your questions to [email protected] My staff will ensure that FAQs are posted
consistently on our site and, where needed, ensure that coordination with OGC and HR&A occurs so
that you can best understand the decision. If you have more specific questions about your own
situation, I encourage you to work with your HR servicing agent, who can help you determine the best
path forward.
I recognize that this is a situation that has taken an inordinate amount of time to resolve, I truly
appreciate your patience, and I am committed to continuing to provide you as much information as I
can.