April 7, 2006

Mr. Nicholas M. Inzeo

Director

Office of Program Operations

Equal Employment Opportunity

Commission

1801 L Street NW

Washington, D.C. 20507

This Grievance is filed by the National Council of EEOC Locals, No. 216, American Federation of Government Employees, AFL-CIO (Union), on behalf of all employees in the bargaining unit, affected by the violations alleged herein. A designation of representation is attached to this grievance. The Grievance is filed with the Director of the Office of Program Operations, pursuant to Article 41, Sec. 41.07 of the Collective Bargaining Agreement (CBA), as the appropriate Employer Representative with authority to resolve the grievance. The Union reserves the right to amend this grievance to include violations which arise based upon the March 6, 2006 Notification by the Equal Employment Opportunity Commission, (EEOC), including the notification on the position of Paralegal Specialist GS-950-11, to the Union.

Violations: Article 31, Sections 31.01, 31.05-09 of the CBA; 5 U.S.C. § 5542; 29 U.S.C. §§ 207 and 216(b); and 5 C.F.R. § 551.

Beginning on April 1, 2003 and continuing to the present, the EEOC, in violation of the CBA, the law, and regulations, intentionally failed to pay overtime compensation to bargaining unit employees in the positions of Enforcement Investigators GS-1810-9, 11, and 12; positions of Alternative Dispute Resolution Mediators GS-301-12 and 13; and in the positions of Paralegal

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1^st Step Grievance

April 7, 2006

Specialists GS-950-9 and 11, in the EEOC’s District, Field, Area, and Local Offices. In addition, in violation of the CBA, law, and regulations, the aforementioned bargaining unit employees were required to accept compensatory time.

Beginning on April 1, 2003 and continuing to the present, the EEOC in violation of the CBA, law, and regulations, intentionally suffered and permitted bargaining unit employees in the positions of Enforcement Investigators GS-1810-9, 11, and 12; positions of Alternative Dispute Resolution Mediators GS-301-12 and 13; and in the positions of Paralegal Specialists GS-950-9 and 11, in the EEOC’s District, Field, Area, and Local Offices, to work outside their regularly scheduled tour of duty; to work in excess of 40 hours per week; and to work in excess of eight hours per day without payment of overtime compensation for the hours worked.

Beginning on April 1, 2003 to the present, the EEOC, in violation of the CBA, law, regulations, and in violation of the Settlement Agreement dated June 6, 1995 between the Union and the EEOC, intentionally designated the position of Paralegal Specialist GS-950-9 and 11, of bargaining unit employees, as exempt from the payment of overtime compensation. The Union first became aware of the improper designation from a memorandum to the Union, dated March 6, 2006, and received on March 13, 2006.

REMEDY: Beginning on April 1, 2003 and continuing, the Union for the intentional violations set forth herein seeks, all monies due the bargaining unit employees, in the positions set forth herein, for unpaid overtime, for all hours worked in excess of the bargaining unit employees’ regularly scheduled tour of duty; for all hours worked in excess of forty hours per week of the bargaining unit employees; and for all hours worked in excess of eight hours per day for the bargaining unit employees, plus an additional amount of liquidated damages for the EEOC’s intentional violations of the law. Beginning on April 1, 2003 and continuing, the Union seeks all monies due to the bargaining unit employees, in the positions set forth herein, for the forced use of compensatory time, plus an additional amount of liquidated damages for the EEOC’s intentional violation of the law.

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1^st Step Grievance

April 7, 2006

Beginning on April 1, 2003 and continuing, the Union seeks payment for all hours worked in excess of the employees’ regularly scheduled tour of duty, for all hours worked in excess of forty hour per week, and for all hours worked in excess of eight hours per day, for all bargaining unit employees, in positions of Paralegal Specialist, whose positions were illegally and intentionally designated as exempt from the payment of overtime compensation, plus an additional amount of liquidated damages for the intentional violation of the law.

The Union seeks the payment of backpay, liquidated damages, attorney fees, and costs for the processing of this grievance, pursuant to 5 U.S.C. § 5596 and pursuant to 29 U.S.C. § 216(b).

_____________________________

Barbara B. Hutchinson

For the Union

7907 Powhatan Street

New Carrollton, MD. 20784

Telephone: (301) 577-3387

FAX: (301) 577-3764

April 14, 2006

Mr. Nicholas M. Inzeo

Director

Office of Program Operations

Equal Employment Opportunity

Commission

1801 L Street NW

Washington, D.C. 20507

The National Council of EEOC Local No. 216, American Federation of Government Employees, AFL-CIO(Union) amends the April 7, 2006 Step 1 Grievance by adding the following additional claim:

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N. Inzeo

Amendment to Step 1

April 14, 2006

designating the bargaining unit positions as

REMEDY: The Union seeks a redesignation of the positions of Investigator GS-1810-9/11/12, Alternative Dispute Resolution Mediator GS-301-12/13, and Investigator(State and Local) GS-1810-12 as nonexempt, pursuant to the Administrative exemption; seeks all overtime compensation lost by the bargaining unit employees in the subject positions; seeks an equal amount of liquidated damages for the willful and intentional violation of the laws; and seeks all attorney fees and costs pursuant to 5 U.S.C. § 5596 and 29 U.S.C. § 216(b).

_____________________________

Barbara B. Hutchinson

For the Union

7907 Powhatan Street

New Carrollton, MD. 20784

Telephone: (301) 577-3387

Facsimile: (301) 577-3764

May 19, 2006

Ms. Joann C. Riggs

Assistant Director

Office of Human Resources

Equal Employment Opportunity

Commission

1801 L Street, N.W.

Washington, D.C. 20507

Re: May 9, 2006 Letter

Dear Ms. Riggs:

This letter is in response to your letter of May 9, 2006 requesting clarification on the April 7, 2006 grievance, as amended on April 14, 2006. The employees are specifically identified as all bargaining unit employees employed by the Agency beginning on April 1, 2003 and April 7, 2006, see: 4/7/06 Grievance p. 1, ¶ 3, p. 2, ¶ 1-3 and 4/14/06 p. 1, ¶ 1. The Grievance identifies the offices as the EEOC’s District, Field, Area, and Local Offices. The Amendment applies to all bargaining unit employees, in the EEOC’s Headquarters, District, Field, Area and Local Offices, in the designated positions. Article 41, Sec. 41.07, Step 2 requires a written grievance to identify employees and offices. The Grievance procedure does not require specific names or specific named offices. The National Council of EEOC Locals represents all employees in the bargaining unit and the grievance applies to all the employees in the designated positions for the time period specified.

Your letter also asks for information. Your letter is being interpreted as a request for information. Your letter

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J. Riggs

May 19, 2006

does not state any specific need for the information requested, nor does it state why the information cannot be retrieved from the Agency’s records which track all work and time of individuals in the Agency’s employ. The information requested is in the Agency’s records and readily available to the Agency. There is no provision for a continuing request for information and the Union does not recognize any continuing obligation to provide information to the Agency.

If I can be of further assistance, please don’t hesitate to contact me at the above telephone number.

Sincerely,

Barbara B. Hutchinson

June 9, 2006

Ms. Angelica E. Ibarguen

Chief, Human Capital Officer

Equal Employment Opportunity Commission

1801 L Street, N.W.

Washington, D.C. 20507

On May 24, 2006, the Union received a response to the Union’s April 7, 2006 Step 1 Grievance, which was amended April 14, 2006. The Union moves the Step 1 Grievance and the Amendment to Step 2. The Union submitted a May 19, 2006 clarification to the Agency which identified, the dates as beginning on April 1, 2003 and continuing to the present; identified the employees as bargaining unit employees in the designated positions, in the Agency’s District, Field, Area, and Local offices. The Amendment identified the dates as April 7, 2006 and identified the employees as all bargaining unit employees in the designated positions in the Agency’s Headquarters, District, Field, Area, and Local offices. Article 41.07, Step 2 does not require specific names of employees and offices. The National Council of EEOC Locals no. 216 represents all bargaining unit employees and is authorized to file a grievance concerning any employee or employees, see; Article 41.02(a)(2) and(3).

The Collective Bargaining Agreement has no provision which would exclude bargaining unit members represented by the Union, from a grievance filed by the Union. To the extent, a prior grievance may raise claims which are similar to the claims raised in this grievance, such claims are not precluded from being raised by the Union and would only, if applicable, be applied to the remedy provided for any violations of the Collective Bargaining Agreement, laws or regulations.

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A. Ibarguen

Union Step 2 Grievance

June 9, 2006

The Agency is aware that the positions set forth in the Step 1 Grievance and Amendment do not meet the criteria for the Administrative exemption under the Fair Labor Standards Act (FLSA) and the Agency’s reliance on an independent audit is not a defense to an illegal designation of exempt/non-exempt status under the FLSA. The Agency’s belief is also not a defense to an illegal designation of exempt/non-exempt status under the FLSA. The designation of positions as exempt/non-exempt is determined by the job duties of a position. A position which does not meet all the criteria for exemption may not be designated as exempt based upon an Agency’s belief and/or an independent audit, see 5 C.F.R. § 551.202.

REMEDY: The Union requests the remedy set forth in the attached Union Step 1 grievance and Amendment.

For the Union,

______________________

Barbara B. Hutchinson