SETTLEMENT AGREEMENT
BETWEEN
AMERICAN FEDERATION OF GOVERNMENT EMPLOYEES LOCAL 12
(Sadie Mae)
And
UNITED STATES DEPARTMENT OF LABOR
RE: ARBL-OASAM-00-10-074/L12-????
ARBL-OASAM-00-11-008/L12-????
ARBL-OASAM-00-11-102/L12-????
ARBL-OASAM-00-10-074/L12-????
ARBL-OASAM-00-11-032/L12-????
This agreement represents a full and final settlement of the above-referenced cases. The U.S. Department of Labor, Office of the Assistant Secretary for Administration and Management, Office of Technology (the “Agency” or the “Department”), AFGE Local 12, and Sadie Mae agree to the following terms and conditions:
1. Sadie Mae and AFGE Local 12 agree to withdraw the above-referenced grievances (ARBL-OASAM-00-10-074/L12-????; ARBL-OASAM-00-11-008/L12-????; ARBL-OASAM-00-11-102/L12-?????; ARBL-OASAM-00-10-074/L12-????; ARBL-OASAM-00-11-032/L12-????? filed by Local 12 on behalf of Ms. Mae.
2. Ms. Mae will apply for retirement under the authority provided by OASAM National Office Voluntary Early Retirement Authority (VERA). See attached memorandum dated September 12, 2011. She will also apply for the Voluntary Separation Incentive Payments (VSIP). Application for the VERA and the VSIP will be made by the deadline of October 21, 2011. Given approval of the VERA, coupled with approval of payment under the VSIP, Ms. Mae will retire from the Department of Labor effective Friday, December 3, 2011. If the Office of Personnel Management declines to authorize Ms. Mae’s retirement under the VERA and/or fails to authorize payment under the VSIP, this agreement will be considered null and void. In this event, all outstanding grievances and scheduled hearings will return to the status quo ante.
3. The Agency agrees to expunge Ms. Mae’s Official Personnel Folder (OPF) of all references to any and all disciplinary actions and negative performance indicators, including, but not limited to, the ten (10) day suspension, the proposed 30-day suspension, and the implementation of the Performance Improvement Plan in Appraisal Year 2009. In short, Ms. Mae will have a clean employment record, devoid of all disciplinary and performance based actions.
4. The ten (10) day suspension, which was served from June 3, 2013 to June 13, 2013, will be expunged from Ms. Mae’s OPF. Pursuant to the Back Pay Act, 5 U.S.C. §5596, Ms. Mae will be awarded back pay, plus interest, for the loss of pay during the suspension period. The Agency will assure that all administrative functions required to be performed to effectuate the back pay will be completed within forty-five (45) days of the signing of this settlement agreement.
5. Ms. Mae’s rating of record for the appraisal period ending on September 30, 2013 will be “Effective.”
Ms. Mae and AFGE Local 12 waive any and all claims that they have or could have with respect to the above-referenced grievances and agree not to file any complaints, grievances, or appeals against the Agency, its officials, employees, former officials or employees relating to this agreement or the subject matter herein.
The parties enter into this agreement without any admissions. This settlement constitutes a resolution of the grievances. The settlement in no way creates or establishes a precedent in any other matters of like or similar nature. AFGE Local 12 and DOL management agree to adhere to the standard level of confidentiality that must be observed in cases of this nature.
FOR THE AGENCY: FOR AFGE, LOCAL 12:
______
?????????????? Date Eleanor J. Lauderdale, Esq. Date
???????????????????????????????? Executive VP, AFGE Local 12
FOR THE DEPARTMENT: THE GRIEVANT:
______
????????????? Date Sadie Mae Date