Information on Association Grievance 12-03

(MA+ Back Pay Since 2001)

Legal Update from FEA UniServ Attorney Bill Freeman
April 29, 2013

The following information involves all current DoDDS teachers and any DDESS teachers who worked for DoDDS and were adversely affected during the time. It involves any former DoDDS teachers who filed Goodbye Grievances, and perhaps even those who did not.

Graduate credit is graduate credit regardless of when it was earned. For many years,
DoDDS has been wrongfully denying graduate credit earned before the MA was earned.
This applies to MA+15 and 30. As long as the graduate credit did not count toward
the Masters Degree, it counts toward MA+15 and 30. The typical example is cert
credit that did not count toward an MA.

Arbitrator Sands just ruled that back pay for the MA+ case will go as far back as
June 4, 2001. This is exactly what we were hoping for. DoDDS also has to conduct an
audit of their entire Pay Lane Program for Europe and the Pacific and deliver it to
FEA within three months. We are taking this one step at a time. After DoDDS delivers
the audit, I can compare it to all the affidavits I have received and go from there.

I do not expect much from DoDDS, so it is very important for us to get affidavits
from everyone on our own. I have more than 200 so far, and they continue to trickle
in. I am sure there are many more people out there who are owed many thousands of
dollars in back pay, interest, and TSP Lost Earnings. If they have not already done
so, they need to send me their affidavits as soon as possible. If they have sent
affidavits, they need to be patient but let me know if they change email address.
Everyone needs to keep the faith. We are going to prevail.

As you can see, I have been working this issue very hard. I plan to arbitrate as
soon as possible, but I need to take the time required to do it right. Back pay,
interest, and TSP Lost Earnings will continue to accrue. Much will depend on how
hard DoDDS continues to fight. Best case scenario, people will start receiving money
next School Year. Worst case scenario is an arbitration hearing lasting one month
with 200 grievants testifying at DoDEA HQ two or three years from now. DoDDS needs
to understand that the longer they drag this out, the more it is going to cost them.

For now, we need to do everything possible to get all of the affidavits as soon as
possible. The affidavits should be sent to me at this email. If anyone has any
questions, they can ask me, but please be judicious. With 200 so far and many other
things going on, you can imagine how busy I am. If you sent me an affidavit and I
responded, I have everything I need for now.