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Claim for Overtime and Mileage Leads to Removal--Court Overturns MSPB

MSPB

Advocate
self employed
Wed Apr 30, 2008 8:28 AM

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It is time to disband MSPB, the "odd" rulings that emit from this arena is reason enough to do so.

Re: MSPB

Secy.
US Army
Mon May 5, 2008 2:14 PM
After this ruling, I think I agree with you. I just wonder how much money this has cost the tax payers?

Claim for Overtime- MSPB Overturned

Contracts Officer
Naval Air Systems Command
Wed Apr 30, 2008 8:41 AM

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Well, glad to see justice prevails. It is obvious that neither the The Army nor the Board beileve in fair and equitable treatment for employees. Right now I'm glad to be a Navy employee.

Overzealous

Labor Employee Relations Manager
VA
Wed Apr 30, 2008 9:17 AM

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It sounds like to me, as a former Army HR, that there were some overzealous HR and SAJA folks. In Army a removal action is NOT approved unless it first clears JAG.

This was a no brainer. I guess supervisors and non-bargaining unit employees are suppose to suck it up and pay for their own travel expenses while conducting Army business!

Happens a lot

Realty Specialist
BLM
Wed Apr 30, 2008 9:44 AM

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The above situation happens freqently when you are a civilian employee of an Armed Forces organization. While I was employed by the US Navy in Japan, (2003-2005) overtime was an unwritten requirement just to keep your head above water. Even my supervisor would get upset if you did not do what he did - work alot of OT on weekends. If one didn't work, you risked bad performance ratings. Once I asked about maybe getting compensated - he simply laughed and said one had to get advance approval from him first, which he would never give.

Re: Happens a lot

Financial Analyst
Navy
Wed Apr 30, 2008 7:33 PM
BLM, agree with you that it happens and there is unwritten acceptance and expectation of overtime. But, it's still wrong, and is defined as 'suffer and permit' because it occurs with the supervisor's knowledge - who then is accountable (or should be). If us supervisors do not look out for our folks and ensure they are properly compensated for the work they do, we are failing. Likewise, if the workload is so heavy that additional personnel are needed, we should be leading that charge also. Problem is, many folks are just looking after their own hide. Regards this 34-year employee, someone obviously had an axe to grind. I'm glad he won - and once he has that check in hand, I hope he retires and enjoys it.

Re: Happens a lot

Retired
Department of the Army
Wed Apr 30, 2008 8:06 PM
Next time, don't ask the supervisor; talk to the Union. The LAW says you are to be compensated. If you have the proof of what you say, you can go back and demand compensation for everything over 40 hours a week.

Re: Happens a lot

Labor Employee Relations Manager
VA
Thu May 1, 2008 9:47 AM
HR personnel are not covered by a bargaining unit. In HR you will find the "most" abuse.

MSPB Findings

Team Leader
SSA
Wed Apr 30, 2008 9:51 AM

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Are these the same HR people who wouldn't rehire a returning Reservist (in Alaska I believe)? How moronic can these people be? Well, I guess we are finding out.

Reimbursement for Overtime and Travel

Labor Relations Specialist
IRS
Wed Apr 30, 2008 10:26 AM

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I think the court ruled that the employee must be reinstated, but I do not read that as saying anything about reimbursing him for the overtime and travel. The Corps of Engineers was wrong to remove him for falsifying his claim for overtime and his travel vouchers. That does not mean that the court ruled that his claims were valid for payment. They ruled only that his actions were reasonable enough that they should not be the basis for his removal.

Claim for Overtime and Mileage

Accountant
USCG
Wed Apr 30, 2008 11:59 AM

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I worked for USACE many years ago... Sounds like they are still up to their old tricks. HR always sided with mgmt. when they wanted to either promote or demote someone. He'll end up his days in some corner, doing very little until it's time for him to retire.

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