SUPPLEMENTAL MEMORANDUM - AFGE Org

SUPPLEMENTAL MEMORANDUM

TO:

Local Presidents

DATE: December 11, 2020

FROM:

National VA Council

SUBJECT: Guidance to AFGE Locals and Bargaining Unit Employees Settlement Agreement in NVAC NG-7/19/13, FMCS Case No. 141008-50100-A

On October 1, 2020, NVAC distributed a President's Briefing concerning a Settlement Agreement in National Grievance ? 7/19/13 (Quimby). The Agreement established a claim submission process for certain hybrid Title 38 employees. On October 8, 2020, NVAC distributed a Memorandum to the field with guidance on the claims process, a sample Claim Form, and a list of frequently asked questions.

Under the Agreement, employees must submit claim(s) using the required Claim Form (Attachment C to Agreement). The Claim Form and required documentation must be submitted to BOTH: (1) Local Payroll Office and (2) VA Financial Services Center by email at VAFSCPayrollSpecialActionsTeam@. The deadline to submit a claim under the Agreement is December 28, 2020.

The "Local Payroll Office" differs from facility to facility. At most facilities, the Local Payroll Office is located on site. However, NVAC was recently contacted by union representatives at facilities where local payroll functions are handled directly by VA-FSC. VA representatives provided NVAC with a list of the 21 VHA facilities where local payroll functions are handled directly by VA-FSC (see next page).

This Supplemental Memorandum includes guidance to Locals and bargaining unit employees at facilities where local payroll functions are handled directly by VA-FSC. Please distribute it accordingly.

QUESTION: If my facility's local payroll functions are handled directly by VA-FSC, how do I submit my claim to the "Local Payroll Office" as required by the Agreement?

ANSWER: Depending on whether you are a CURRENT or SEPARATED employees, see below.

? CURRENT EMPLOYEES 1. Submit Claim Form and required documentation through the VA-FSC CPM Portal:

2. AND Submit Claim Form and required documentation to VA-FSC Special Actions Team: VAFSCPayrollSpecialActionsTeam@

? SEPARATED EMPLOYEES 1. Submit Claim Form and required documentation to these 3 VA-FSC employees: Tammy.Bailey3@, Charles.Richardson4@, Sharon.Sims@

2. AND Submit Claim Form and required documentation to VA-FSC Special Actions Team: VAFSCPayrollSpecialActionsTeam@

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List of 21 VHA Facilities (local payroll handled directly by VA-FSC)

Station Code 442 516 518 542 562 570 575 580 586 596 619 620 629 631 635 642 650 662 693 740 757

Administration VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA VHA

Facility VAMC Cheyenne WY VAMC Bay Pines FL VAMC Bedford MA VAMC Coatesville PA VAMC Erie PA VAMC Fresno CA VAMC Grand Junction CO VAMC Houston TX VAMC Jackson MS VAMC Lexington KY VAMC Montgomery AL VAMC Montrose NY VAMC New Orleans LA VAMC Northampton MA VAMC Oklahoma City OK VAMC Philadelphia PA VAMC Providence RI VAMC San Francisco CA VAMC Wilkes Barre PA Texas Valley Costal Bend HCS VAAAC Columbus OH

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MEMORANDUM

TO:

Local Presidents

DATE: October 8, 2020

FROM:

National VA Council

SUBJECT: Guidance to AFGE Locals and Bargaining Unit Employees Settlement Agreement in NVAC NG-7/19/13, FMCS Case No. 141008-50100-A

Introduction

On October 1, 2020, NVAC distributed a President's Briefing concerning a Settlement Agreement in National Grievance ? 7/19/13 (Quimby).1 This Memorandum includes NVAC's guidance to AFGE Locals and bargaining unit employees regarding that Agreement. Please distribute it accordingly.

History of the Case

This case concerned the VA's failure to pay certain premium pay (i.e., night differential and weekend pay) to eligible HT38 employees while on authorized paid leave during their normal tours of duty.

In 2001, current and former VA employees filed a lawsuit arguing that the VA violated the law by failing to provide premium pay while employees were on authorized paid leave. In 2005, the Court ruled in favor of these employees.2 In response, the VA changed its handbooks and payroll guidance to comply with the law and clarify that eligible HT38 employees were entitled to premium pay during authorized paid leave, not simply during hours worked. That guidance was effective July 1, 2012.

However, certain VA facilities still failed to provide premium pay to eligible HT38 employees while on authorized paid leave. On July 19, 2013, NVAC filed a National Grievance against the VA.

We are pleased to report that the Parties executed a Settlement Agreement on September 29, 2020. The Agreement established a local claims submission process where eligible HT38 employees can submit claim(s) for unpaid premium pay during periods of authorized paid leave.

Why a Local Claims Submission Process?

The VA uses a decentralized payroll system that relies on data entry at the local level. The failure to provide premium pay to eligible HT38 employees did not impact every facility. Instead, it varied by location based on whether local payroll staff complied with policy and guidance. Because payroll data is maintained at the local facility level, it was not feasible to establish the claims submission process at the national level. However, all timely submitted claims will be reviewed by the VA Financial Services Center ("VA-FSC") prior to a final decision being made.

1 A copy of the Agreement is attached to this Memorandum. It is also posted on the NVAC website at . 2 Curry, et al v. United States, 66 Fed. Cl. 593, 595 (2005).

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What is Premium Pay?

Premium pay is additional pay provided to employees who work certain hours or days. There are two types of premium pay relevant to this Agreement: "Night Differential" and "Weekend Premium."

? Night Differential: 10% differential for hours scheduled between 6:00pm and 6:00am. ? Weekend Premium: 25% differential for a scheduled tour of duty, any part of which is within

the period beginning midnight Friday and ending midnight Saturday (not Sunday hours).

Who is Eligible to Submit a Claim Under the Agreement?

To be eligible for relief, an employee must have been in a "Hybrid" or "Designated Hybrid" position during the Claim Period (Agreement at ?3). If you are unsure whether you fall within either of these groups, you can contact your Local Payroll Office for confirmation.

? Hybrid: a position appointed under 38 U.S.C. ?7401(3) or approved for Hybrid status. o A list of "Hybrid" positions is included in Attachment A to the Agreement.

? Designated Hybrid: a Hybrid position that is ALSO designated to receive additional pay on the same basis as registered nurses pursuant to 38 U.S.C. ?7454(b)(1). o This designation varies by facility and must be made by local medical center directors.3 o Employees should be coded with premium pay code E or F in VA's PAID system.

Which Type of Premium Pay Applies to Me?

This depends on whether you are a Hybrid or Designated Hybrid (Agreement at ?6). Please reference the chart below. More information is included in Attachment B to the Agreement.

Type of Employee

Entitled to Weekend Premium on Authorized Paid Leave During Scheduled Tour of Duty?

Entitled to Night Differential on Authorized Paid Leave During Scheduled Tour of Duty?

Hybrid

Yes

No

Designated Hybrid Yes

Yes

What is the Claim Period?

The Claim Period is July 1, 2012 to September 29, 2020 (Agreement at ?4).

How Do I Submit a Claim?

You must submit your claim(s) using the required Claim Form (Attachment C to Agreement). This 3page PDF document must be completed and submitted to both: (1) Local Payroll Office and (2) VA-FSC by email at VAFSCPayrollSpecialActionsTeam@.

To assist you, NVAC has included a sample of a completed Claim Form for your reference.

3 VA Handbook 5007/30, Part V, Chapter 3, Section 2(a).

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You must also include all required documentation (i.e., copy of leave approval from VATAS or ETA for period of unpaid premium pay). If you need assistance, please contact your Local Payroll Office.

What If I Do Not Know or Cannot Find the Information Required on the Claim Form?

You can request assistance from your Local Payroll Office (Agreement at ?7c). However, please be advised that it is ultimately an employee's responsibility to provide all required information.

Is There a Deadline for Claims Submission?

Yes, claims must be submitted by December 28, 2020 (Agreement at ?6c). Late claims will be denied.

If My Claim is Approved, What Will I Receive?

If your claim is approved, you will receive "Backpay" and "Interest" (Agreement at ?7).

? Backpay: the amount of backpay will vary by employee. It will depend on your base pay, the number of hours in dispute, and the type(s) of premium pay owed to you.

? Interest: approved claims will also be subject to a flat 10% interest payment.

How Will Claims be Reviewed?

Timely submitted claims will be reviewed in a two-step process.

1. The Local Payroll Office will issue a "preliminary determination" within 60 days of receiving the completed Claim Form and required documentation (Agreement at ?7a).

2. Within 90 days of receiving a preliminary determination from the Local Payroll Office, VAFSC will request any missing information from the employee, issue a "final determination" as to whether the employee is entitled to relief, and if so, provide the payment information to the Defense Finance Accounting System (Agreement at ?7b).

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.

What if I Previously Received Reimbursement for My Unpaid Premium Pay?

If you previously received reimbursement for unpaid premium pay during authorized paid leave, then you are not entitled to also relief under this Agreement (Agreement at ?5).

Conclusion

NVAC is proud to be the exclusive representative of more than 270,000 bargaining unit employees at the VA. For more information on NVAC, please visit our website at . Thank you.

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