Another Rare Success at FLRA
GAO to investigate VA for systemic racism
October 2, 2020Information needed regarding VA hiring
October 2, 2020As Unions have not fared well on Exceptions to arbitration decisions at the FLRA, we have notched another success. In the link above, the NVAC was successful in opposing the VA’s Exceptions to our arbitration win concerning NG-8-11-17 VBA’s Failure to Pay GSA Per Diem for Challenge Training. We filed the National Grievance because VBA unilaterally lowered the per diem rate for bargaining unit employees who attended this mandatory training, which required travel and lasted over 30 days.
ATTACHED DOCUMENT: Memorandum
As Unions have not fared well on Exceptions to arbitration decisions at the FLRA, we have notched another success. In the link above, the NVAC was successful in opposing the VA’s Exceptions to our arbitration win concerning NG-8-11-17 VBA’s Failure to Pay GSA Per Diem for Challenge Training. We filed the National Grievance because VBA unilaterally lowered the per diem rate for bargaining unit employees who attended this mandatory training, which required travel and lasted over 30 days.
“The Department violated the Master Agreement and federal law when it reduced the per diem rates per policy for bargaining unit employees traveling to Challenge Training. The Department is ordered to immediately beginning [sic] paying the full applicable GSA per diem rates to employees attending Challenge Training, and, to immediately cease and desist from further violations of Article 37, Section 3 of the Agreement and federal law. . . . Additionally, the Department is directed to immediately restore the status quo ante and to post notices and advise its employees of the Department’s violation of federal law in the manner proscribed by law and FLRA practice.”
The VA filed Exceptions to the decision, arguing that Arbitrator Crable’s award was contrary to law and he exceeded his authority to the extent he required the payment of “actual expenses.” The FLRA has now denied the VA’s Exceptions stating that “the Agency’s contrary-to-law and exceeds-authority exceptions are based on a misunderstanding of the award.” Notably, and in line with our Opposition to the VA’s Exceptions, the FLRA stated, “The Arbitrator did not direct backpay, reimbursement, or any other retroactive monetary remedy to any employees.”
We will attempt to work with the VA to finally obtain the relief as ordered by Arbitrator Crable.
Additionally, we filed a second national grievance on 2/28/19 because the VA continued the conduct despite the Exceptions pending at the FLRA on that same subject. We will attempt to work with the VA to resolve the second National Grievance given our success at the FLRA.
Questions about this matter should be sent to nvacattorney@afge.org.
