Washington, DC
U.S. Office of Personnel Management
Compensation Claim Decision
Under section 3702 of title 31, United States Code
Bedford, Massachusetts
Damon B. Ford
Compensation and Leave Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
12/05/2019
Date
The claimant occupies a Practical Nurse, GS-0620-06, position in the Veterans Health Administration, U.S. Department of Veterans Affairs (VA), in Bedford, Massachusetts. She seeks assistance from the U.S. Office of Personnel Management (OPM) in having her agency take corrective action in setting her pay corresponding to a GS-06, step 4, and be granted any accompanying back pay for "weekend differential, tour differential, overtime, holiday, and interest based" retroactive to February 4, 2018. The claimant explains that although her within-grade increase from GS-06, step 3, to step 4, was approved on May 10, 2019, retroactive to February 4, 2018, she continues to be paid a GS-06, step 3, rate of basic pay. OPM received the claim on August 19, 2019. For the reasons discussed herein, the claim is denied for lack of jurisdiction.
Section 7121(a)(1) of title 5, United Stated Code (U.S.C.), directs that except as provided elsewhere in the statute, the grievance procedures in a negotiated collective bargaining agreement (CBA) shall be the exclusive remedy for resolving matters that fall within the coverage of the CBA. The Court of Appeals for the Federal Circuit has found the plain language of 5 U.S.C. 7121(a)(1) to be clear, and as such, limits the administrative resolution of a Federal employee’s grievance to the negotiated procedures set forth in the CBA. Mudge v. United States, 308 F.3d 1220, 1228 (Fed. Cir. 2002). Further, the Federal Circuit also found that all matters not specifically excluded from the grievance process by the CBA fall within the coverage of the CBA. Id. at 1231. As such, OPM cannot assert jurisdiction over the compensation or leave claims of Federal employees who are or were subject to a negotiated grievance procedure (NGP) under a CBA between the employee’s agency and labor union for any time during the claim period, unless the matter is or was specifically excluded from the CBA’s NGP. See 5 CFR 178.101(b).
Information provided by the claimant (i.e., Standard Form 50, block 37 showing bargaining unit status) shows she occupied a bargaining unit position during the period covered by the claim. The Master Agreement between the VA and the National Association of Government Employees, covering the claimant during the claim period does not specifically exclude pay issues from the NGP (Article 40). Therefore, this claim must be construed as covered by the NGP the claimant was subject to during the claim period, and OPM has no jurisdiction to adjudicate this claim.
This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant’s right to bring an action in an appropriate United States court.