USPTO  Contents

News:

 

 

National Press Release Grievance [Full Text]

Overtime Grievance Filed 

NTEU National files on behalf of NTEU 245 against PTO 

Violation of Federal Employees Pay Act alleged

02/01/01 . . . On Friday, January 26, 2001, NTEU National filed a grievance on behalf of NTEU Local Chapter 245 against the USPTO seeking remedy for as many as 500 present and former employees for unpaid overtime going back over a period of six years.
The grievance alleges that 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.
The unpaid overtime problem has been long-simmering within the Trademark examining attorney staff at the PTO.  Previous attempts by NTEU 245 over the years to constructively address the issue with management had not proven fruitful.   
The grievance, signed by NTEU National President Colleen M. Kelley, states that some 375 current attorney examiners, are "induced, encouraged or expected" to work the unpaid overtime in violation of the Federal Employees Pay Act (FEPA).
Unreasonable performance standards, heavy workloads, rigorous deadlines and management pressure to produce at accelerated goals were cited in the grievance as contributing factors in what appears to be the chronic unpaid overtime problem at the PTO.
The grievance also asserts that an organizational "culture" permeates the Agency's law offices which induces attorneys to work uncompensated overtime hours. 

A meeting for bargaining unit employees will be held on  Wednesday, February 14th to answer questions and discuss the grievance with members of the NTEU National legal team.  Time & Place: 12 p.m. , South Tower Lunchroom.   

NTEU Chapter 245 is the exclusive bargaining unit representative for the entire corps of trademark examiners, all of whom are attorneys, working in the Trademark Examining Operation of USPTO's headquarters in Crystal City, Va.
NTEU is the largest independent federal union, representing some 150,000 employees in 25 agencies and departments, including, in total, some 2,300 in two chapters at PTO.
 [back to top]

Contents

 

 Copyright © 2000 NTEU 245      nteu245.org     Last Modified:  May 28, 2003