March 5, 2008 - HUD, AFGE Council 222 and NFFE Local 1450 enter into an agreement to settle the Fair Labor Standards Act case. Read more on the updated FLSA Overtime Recap page (first link in the right column). Thousands of bargaining unit employees will be converted to FLSA "nonexempt" status, meaning that they will be covered by the FLSA. View Attachment A to see the GS-11 positions to be added; Attachment B to see the GS-12 positions and Attachment C for the GS-13 positions. These positions are in addition to ALL GS-10 and below positions already covered.
In February 2007, Council 222 lobbied Congress regarding the need to resolve the FLSA case during the AFGE National Legislative Conference. For a copy of the FLSA issue paper, click the link in lower right to go to our Legislative page, then scroll down to 2007 Council 222 Issue Papers, "Failure to Implement the Fair Labor Standards Act."
Grievance Documents
- Grievance of the Parties "Sunday Travel Grievance"
June 18, 2003 - Grievance of the Parties challenging FLSA Status of all Bargaining Unit Employees
December 24, 2003 - Invocation of Arbitration
July 18, 2005
Settlement Agreements
- Liability for all Bargaining Unit Employees at Grades 10 and below
September 28, 2005 - Liability for GS 950-11 and GS 950-12 Paralegals
December 13, 2006 - Non-Compliance with September 28, 2005 Settlement Agreement
December 12, 2006
Briefs and Decisions
- Union's Closing Brief for GS-360 Liability Hearings
- Agency's Closing Brief for GS-360 Liability Hearings
- Arbitrator’s Decision for GS-360 Liability (07/17/2007, large .pdf file)
- Union's Closing Brief for GS-360 Damages Hearings
- Agency's Closing Brief for GS-360 Damages Hearings
- Union's Reply Brief for GS-360 Damages Hearings
- Agency's Reply Brief for GS-360 Damages Hearings
Motions
The numbered links will open an entire motion package, which can be a very big file. The indented links will only open one document, which will be a smaller file.
- Motion to Compel Discovery September 28, 2005 (Granted)
- Motion for Summary Judgment AFGE 11/3/05 (deferred: to be considered with merits)
- With #2
- Motion for Joinder 2/16/06 AFGE
- The filings in this motion were made via email. The entirety of the filings are quoted in the Arbitrator's decision.
- HUD Motion to interview, Return of Docs, other (split)
- Renewed Motion for Summary Judgement (Pending)
- MSJ Attorney Fees (Denied without prejudice)
- Enforcement of Settlement Agreement Grades 10 and below AFGE 6/06 Granted
- Motion in Limine (HUD) Pending
- Motion to include prior BUE (AFGE) (Granted)
- Motion to ID employees (HUD) (denied)
- Motion to Compel II (AFGE) (Granted)
- Motion to Compel III (AFGE) (Withdrawn)
- Motion (informal) to Compel Scheduling
- Union's Motion (informal, by email request), Union's good faith effort
- Agency's Response (informal, by email)
- Arbitrator's Order
- Motion for Compliance with Non-Compliance Settlement Agreement NEW