Q & A Session – Overtime Payment to Nonunion Members


Ask the Lawyer received the following question (paraphrased for easier reading and clarity) from a reader on a legal matter that might be of interest to the entire audience.


An agency filed a suit and on FLSA overtime pay for hundreds of miscoded employees that should have been coded as non-exempt. Only dues paying union members received monies from the settlement. Is there any recourse for non-union members?


There is a principle labor law called “the duty of fair representation. The union is obligated to adequately represent both dues paying and non-dues paying members. You may be able to file an unfair labor practice (ULP) with Federal Labor Relations Authority. There is a six-month statute of limitation on ULPs.

Bill Bransford is managing partner of Shaw, Bransford & Roth, PC.

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