Office of the General Counsel

S014600

[XXX]

Dear [XXX]:

We refer to your request that we review your claim for uncompensated overtime.

The record shows that at the time in question you were a GS-13 supervisor of the [XXX]. On September 2, 1994, you filed a grievance complaining of your supervisor,[XXX], alleging improper use of micro-management and his alleged assignment of too many concurrent special initiatives with artificially short deadlines. You also stated that you were working as much as 75 hours per week. In order to resolve the grievance you requested to be placed at the [name] Branch directly under the supervision of the Deputy District Engineer for Civil Works. Management rejected your request. Subsequently, you and your attorney modified the relief requested in the grievance to compensation for past overtime. This request was rejected on the grounds that the overtime worked had not been ordered or approved.

The record further shows that your grievance was settled by agreement dated January 27, 1995. The agreement stated that you agreed to withdraw your grievance and not to institute any further proceedings or litigation. Your present claim for overtime was rejected on August 29, 1996. The basis of the denial was that the remedy of past overtime compensation for alleged actions allegedly taken by your supervisor had been raised by you and your attorney as an element of the settlement, rejected by management, and not pursued further by your attorney.

After reviewing the entire record, including the settlement agreement, we agree with your agency that your overtime claim is barred by the [date] Grievance Settlement Agreement. Accordingly, we decline to assert jurisdiction or issue a decision concerning this matter.

Sincerely,

Joann Charleston
Adjudicator

cc: [agency]