COMPENSATION FOR A LONGER (& ILLEGAL) COMMUTE

In labor relations it is next to impossible to get paid for the time spent commuting to and from work no matter what the violation of law, regulation or contract.  But the EEOC is more flexible on the issue. When a member of the Marshall’s Service was reassigned to another office while his EEO complaint was investigated, WHICH TOOK FOUR YEARS, he charged retaliation and won. EEOC looked at the harm the 62-mile round trip commute did to his personal life and gave him $90,000 to make up for it, along with a reassignment back to his original office. (See Donte v Dept of Justice, EEOC No. 2019005117 (2020)) The lesson for union reps is that it can pay off big when drafting a grievance to allege and pursue even the remote possibility that some violation against an individual is motivated by illegal discrimination, harassment, or retaliation.  Nothing stops a rep from alleging EEO infractions along with violations of contract, regulations, law or past practice.

About AdminUN

FEDSMILL staff has over 40 years of federal sector labor relations experience on the union as well as management side of the table and even some time as a neutral.
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