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Issue date: 25Jan2002
Case No.: 2001-SOC-00003
In the matter of
LORETTA RAMSEY,
Treasurer, AFGE Local 3509,
Complainant,
v.
WILLIAM B. ADAMS,
President, AFGE Local 3509,
Respondent.
Appearances:
Julie H. Fosbiner, Esq.
For Complainant
J. David James, Esq.
For Respondent
Before: RICHARD K. MALAMPHY
Administrative Law Judge
RECOMMENDED DECISION AND ORDER APPROVING SETTLEMENT AGREEMENT
This matter arises from a claim under Title VII of the Civil Service Reform Act of 1978, 5 U.S.C. §§ 7101, et seq., (the "CSRA"), the Labor-Management Reporting and Disclosure Act, 29 U.S.C. §§ 401 etseq., and the Standards of Conduct Regulations (the "SOC"), 29 C.F.R. Parts 457-59, issued pursuant to the CSRA.
On December 17, 2000, the U.S. Department of Labor (the "DOL") received a complaint from Loretta Ramsey ("Complainant"), Treasurer of the American Federation of Government Employees, AFGE, Local 3509. Complainant alleged that she was removed from her union position by William B. Adams ("Respondent") after exercising her right to vote in a regional election. If true, Respondent's alleged conduct would constitute a violation of Section 458.2 of the SOC.
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After reviewing the allegations, the District Director concluded that a reasonable basis existed for the complaint. A hearing was scheduled for January 23, 2002, in Charlotte, North Carolina. On January 9, 2002, this court received notice that the parties had reached a settlement and that a hearing would not be necessary. Thereafter, on January 14, 2002, the parties filed a fully executed Settlement Agreement, dated December 14, 2001. The Agreement states:
Loretta Ramsey, a South Carolina resident over the age of eighteen years ("Ramsey") and William B. Adams and Local 3509 of the American Federation of Government Employees (jointly referred to as "Local 3509"), in consideration of the mutual promises and agreements made herein, agree as follows:
1. Ramsey will be immediately reinstated as the Union Steward in the Anderson, South Carolina office and as the South Carolina Area Designee for Local 3509. The reinstatement to these two positions shall only be effective through June 30, 2002 or through the term of Bill Adams as President, whichever shall last occur. These appointments will carry with them the same rights, privileges and responsibilities as are accorded to other Local Representatives or State Designees for Local 3509.
2. Local 3509 will continue to attribute 20 hours per week of bank time to Ramsey to carry out her duties as Local 3509 Treasurer. Local 3509 will notify the Regional Labor Relations Staff, the Anderson South Carolina District Manager of SSA, and the South Carolina State Director of SSA of Ramsey's reinstatement to the positions set forth in paragraph 1. Local 3509 will take no steps to have the Agency restrict Ramsey in the use of statutory time. However, the ultimate decisions as to whether Ramsey is involved in union duties which qualify her for statutory time is not with Local 3509 but with the Agency and therefore Local 3509 cannot guarantee that Ramsey will be credited with statutory time by the employer for a full 40 hours per week. Ramsey will be entitled to sufficient official time to perform the duties to which she has been appointed to the extent that those duties may lawfully be performed while using the Agency official time and to the extent that such use of official time is in accordance with the SSA/AFGE National Agreement.
3. Local 3509 will pay attorney fees incurred on behalf of Ramsey up to ,400.00 provided that proper documentation for such billing is provided to Local 3509.
4. Ramsey will cause the complaint she has filed with the United States Department of Labor and the complaint which has been issued by the United States Department of Labor in Case Number 2001-SOC-0003 to be dismissed. This Release and Settlement Agreement is contingent upon the dismissal of the Complaint now pending in the aforementioned case number 2001-SOC-0003 and should that matter not be dismissed, this Release and Settlement Agreement shall be void and have no force or affect.
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5. Ramsey hereby releases and fully discharges Local 3509 and its officers, employees, members and agents from all claims, demands, causes of action, claims for relief and all liability for legal and equitable relief whatsoever arising out of the events occurring prior to the date hereof; and Ramsey covenants not to sue Local 3509, its officers, agents, employees, and/or members (and not to file any judicial or administrative charges against said parties) for any claim arising out of or related to any events occurring prior to the date hereof. Similarly, Local 3509 hereby releases and fully discharges Ramsey from all claims, demands, causes of action, and claims for relief and all liability for legal and equitable relief whatsoever arising out of any events prior to the date hereof, and Local 3509 covenants not to sue Ramsey (and not to file any judicial or administrative charges against Ramsey) with respect to any claims arising out of or related to any event prior to the date hereof.
6. Both Ramsey and Local 3509 agree that this settlement is the compromise of a disputed claim and that nothing in the Settlement and Release Agreement is to be construed as an admission of liability on the part of the persons or organizations hereby released, by whom liability is expressly denied. Rather, this Agreement is an attempt by the parties to resolve the current discord among the members of Local 3509 and to promote the efficiency of Local 3509 operations for the benefit of its members.
7. The only surviving obligations to each other are set forth in this agreement. This agreement contains the entire understanding of the parties regarding its subject matter and may not be changed except by written instrument signed by all parties. This agreement shall inure to the benefit of and be binding upon the parties and their respective heirs, successors and assigns.
8. The parties acknowledge to each other that each of them has read the full contents of the Release and Settlement Agreement, understands that the Release and Settlement Agreement constitutes a contract and represents that each party has freely consulted with counsel and enters into this Release and Settlement Agreement voluntarily.
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This Administrative Law Judge, having determined that the parties have freely and willingly signed this agreement, free from coercion, fraud or duress, hereby recommends that the Settlement Agreement, the terms of which are specifically incorporated herein, be APPROVED. In accordance with 29 C.F.R. §§ 458.70, I hereby transmit this Recommended Decision and Order, along with the entire case file, to the Assistant Secretary of Labor for Employment Standards, for appropriate action.
