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NG (9-10-2021) Wage Grade Pay Adjustment & NG (09-10-2021) Misclassification Of Acupuncturists, Nuclear Medicine Technologists, Respiratory Therapists, And Program Specialists As Exempt Employees Under The FLSA
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NG (9-10-2021) Wage Grade Pay Adjustment
On September 10, 2021, NVAC filed a national grievance over the Department’s failure to issue mandated pay adjustments to Wage Grade (“WG”) bargaining unit employees.
In January 2021, the DOD revised the prevailing rate wage schedules for several WG positions, which resulted in retroactive pay adjustments to October 2020. Pay increases were authorized for WG employees in positions falling under multiple service lines, such as Logistics, Engineering, Environmental Management, Nutrition & Food, and the Canteen. However, the Agency failed to adjust the pay of affected WG employees at several facilities, including, for example, those at the Central Alabama Health Care System (AFGE Locals 110 and 503) and Fargo, ND (AFGE Local 3884). This list is not exhaustive.
NG (09-10-2021) Misclassification
These actions constitute violations of MCBA Articles 2, 3, 36, 5 U.S.C. §5342, and 5 C.F.R. Part 532.
On September 10, 2021, NVAC filed a National Grievance against the Department for misclassifying Acupuncturists, Nuclear Medicine Technologists, Respiratory Therapists, and Program Specialists as exempt employees under the FLSA. The Department’s reclassification of these employees has resulted in the loss of overtime pay in violation of the FLSA, 5 C.F.R. §551.501, and related regulations. As non-exempt employees, these employees are entitled to overtime pay at one and one-half times their regular rate of pay.
By misclassifying these employees as exempt the Department violated Articles 2, 3, 36, 47, and 49 of the MCBA, the FLSA, governmental regulations, and committed an unfair labor practice by failing to bargain with the Union.
A copy of NG-09/10/21 is attached for your reference.
If you have any questions concerning this National Grievance, please contact the NVAC Legal Team at nvacattorney@afge.org.
Alma L. Lee, National VA Council, President
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