(February 9, 2009)
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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President’s Briefing: SATURDAY PREMIUM PAY UPDATE
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SATURDAY PREMIUM PAY UPDATE
As many of you are aware, the Saturday Premium Pay arbitration hearings were held on September 13 and 14, 2004. At the hearing, AFGE argued that VA improperly excluded many VHA employees, including Title 5 and Wage Grade, from eligibility for Saturday Premium Pay under Section 303 of Public Law 108-170, which was signed by President Bush on December 6, 2003. Thereafter, on February 16, 2005, arbitrator Donald S. Wasserman issued a twenty-two page Award and decision in favor of AFGE.
One year following the original Award after numerous letters sent by Alma Lee, President, AFGE-NVAC insisting that VA render a decision, VA finally notified AFGE that it had “completed the re-determination process regarding weekend premium pay eligibility under Public Law 108-170, Section 303. In its decision, issued on February 16, 2006, VA determined that only 10 new positions were eligible for Saturday Premium Pay and 863 positions remained ineligible because they did not fit the term “direct patient-care services or services incident to direct patient-care”. Thereafter, AFGE-NVAC’s Assistant General Counsel, Jacqueline Sims and VA’s attorney, Meghan Flanz were ordered by Arbitrator Wasserman to file briefs on the issue of whether VA complied with his February 16, 2005 Decision and Award. President Lee argued that VA did not comply with his Decision and Award and Ms. Flanz contended that VA complied with his Decision and Award.
On May 30, 2007, Arbitrator Donald Wasserman issued a second decision regarding the issue of whether VA complied with his February 16, 2005 Decision and Award. In his second decision, Arbitrator Wasserman again agreed with AFGE and determined that VA “did not comply with my February 16, 2005 Decision and Award”.
However, this time, in June 2007, VA filed exceptions to the arbitrator’s Award with the FLRA, and I filed an opposition to their exceptions, and the case has been pending at the FLRA since that time. The delay is due to FLRA’s inability to issue decisions because many FLRA employees, including attorneys, Board members and the General Counsel (mostly members of the Republican Party) leaving two years ago before the election period began. Although two Board members have been named, many of their positions, including the General Counsel position, have not yet been filled. Therefore, as you can well guess, there is now a tremendous backlog of cases, including the Saturday Premium Pay case. As soon as a General Counsel is named, and they have enough Board members for quorum, then they will start deciding cases.
As you also may know, Arbitrator Wasserman ruled that this case will involve back pay plus interest for all eligible employees back to January 2004. I will let everyone know through the National VA Council as soon as I receive the decision, and hopefully another victory.
Jacqueline M. Sims
Assistant General Counsel, AFGE-NVAC