OT Grievance News:

Overtime Grievance 

[Full text] 

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January 26, 2001

Robert M. Anderson

Deputy Commissioner for

Trademark Operations

U.S. Patent and Trademark Office

2900 Crystal Drive (South Tower)

10^th Floor, Room 10B10

Arlington, Virginia 22202

        Re: FEPA Grievance

Dear Mr. Anderson:

In accordance with Article 11, Section 3 of the current collective bargaining agreement between the National Treasury Employees Union ("NTEU" or "the Union") and the Trademark Office ("Trademark" or "the Agency") NTEU hereby files this grievance. As described below, the Agency has violated the Federal Employees Pay Act ("FEPA"), 5 U.S.C. §§ 5541-50a, by failing to compensate employees for overtime hours worked on both scheduled workdays and non-workdays.

This grievance is filed on behalf of all bargaining unit attorneys responsible for examining trademark applications in the Agency’s fifteen law offices. On a continuing basis, these employees have been induced, encouraged, or expected to work uncompensated overtime hours. Employees’ performance of uncompensated overtime hours results from employees’ efforts to fulfill the unreasonable performance standards by which they are evaluated, to manage heavy workloads and rigorous deadlines, and to satisfy management pressure to produce at accelerated goals. In addition, a culture permeates the Agency’s law offices that induces attorneys to work whatever hours are necessary to do a professional job on all assigned tasks.

The December 28, 2000, memo distributed to all Trademark employees clearly evidences management’s awareness that employees work overtime. Examining attorneys, however, have failed to receive any compensation for the vast majority of overtime hours worked; this has been so despite FEPA’s mandate that employees are entitled to compensation for all overtime hours they are induced to work. The failure of the Agency to compensate attorneys for many of the overtime hours they have been induced to work, therefore, violates FEPA.

To remedy this grievance, the Agency must:

1. For uncompensated overtime hours worked on regular workdays, pay back pay and interest to all affected employees;
2. For uncompensated overtime hours worked on non-workdays, pay back pay and interest to all affected employees;
3. Provide to NTEU an accounting of back pay and interest, to include the amount paid to each employee and the date paid;
4. Pay appropriate attorneys’ fees and expenses; and
5. Provide any other appropriate remedy allowed by law, regulation or agreement.

NTEU’s designated representative in this case is Rita Graf, Assistant Counsel. She can be reached at (202) 783-4444. As required by Article 11, Section 11(A), please serve Rita with your response within five (5) working days of your receipt of this grievance.

Sincerely,

Colleen M. Kelley

National President

cc: Joyce Ong

Chief, Labor Relations Division

U.S. Patent and Trademark Office

2011 Crystal Drive, Suite 612 (CPK1)

Arlington, Virginia 22202

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