Reminder: Quimby Settlement Applies to Hybrids Only
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March 22, 2021On October 8, 2020, NVAC distributed a copy of the Settlement Agreement in NG-7/19/13 (Quimby). It is also posted on the NVAC website. This case concerned the Agency’s failure to pay certain premium pay (i.e., night shift differential and weekend premium pay) to eligible hybrid Title 38 employees while on authorized paid leave.
On October 8, 2020, NVAC distributed a copy of the Settlement Agreement in NG-7/19/13 (Quimby). It is also posted on the NVAC website. This case concerned the Agency’s failure to pay certain premium pay (i.e., night shift differential and weekend premium pay) to eligible hybrid Title 38 employees while on authorized paid leave. The Settlement Agreement established a local claims submission process for eligible hybrid Title 38 employees. The deadline for submitting completed Claim Forms and required documentation was December 28, 2020. Copies of the NVAC guidance on the Quimby settlement (dated October 8 and December 11) are attached.
This email serves as a reminder that the Settlement Agreement applies to HYBRID TITLE 38 EMPLOYEES ONLY. Registered Nurses are pure Title 38 employees, not hybrids. Additionally, the Settlement Agreement allows eligible employees (or Locals) to appeal these Quimby claims by filing a local grievance at the step 3 level in accordance with the 2011 Master Agreement. See excerpted portion of the NVAC guidance below:
- • If My Claim is Denied, Can I File an Appeal?
Yes, appeals can be initiated through the negotiated grievance procedure (Agreement at ¶8). If an employee disagrees with the final determination from VA-FSC, a step 3 grievance must be filed within 30 days. If the employee submits a Claim Form but does not receive a response from the Local Payroll Office or VA-FSC, a step 3 grievance must be filed within 150 days of the date the Claim Form was submitted. Please contact your Local President for information on the grievance process.
The NVAC Legal Team drafted a sample grievance for Locals to use, if needed. A copy is attached. Locals are not required to use this sample, but if they do, please be sure to tailor the grievance to the specific facts and circumstances at issue. As a reminder, the Settlement Agreement requires that any local grievance be filed at the Step 3 level.
If you have any questions concerning this case, please contact the NVAC Legal Team at nvacattorney@afge.org. Thank you.
