NTEU Pushes Through Another Regulatory Change for Federal Employees

July 25, 2024

NTEU has notched another regulatory victory—one that will allow fair pay for employees performing higher-graded work. In response to an NTEU petition, OPM has issued final regulations that eliminate the long-standing 120-day per year cap on appropriate pay for higher-graded work. Now, grievances may seek the full amount of pay that an employee is owed for higher-graded work, without limitation.

In a CP message on February 20, I updated you on an important NTEU effort regarding fair pay. This effort started with a petition to OPM in 2022 and it aimed to eliminate the reviled 120-day per year cap on fair pay for higher-graded work. That effort has now led to a complete victory that will benefit all federal employees. 

Many of you are familiar with the temporary promotion articles in many of our collective bargaining agreements. These articles allow employees to recover higher pay if they are performing higher-graded work, even if they were not properly temporarily promoted to a higher position. These are often known as “higher-graded duties” grievances. For decades, a remedy of higher pay was capped at 120 days per year.

But now, in the wake of the OPM regulatory change that NTEU prompted (copy attached), that cap is gone. This new OPM regulation—which officially goes into effect on August 26, 2024—will now govern in grievances seeking compensation for the performance of higher-graded duties. The rule requires that there be a final order by an appropriate authority, such as an arbitrator, or a settlement with the agency about the employee’s entitlement to higher pay. For those with pending higher-graded duties grievances, so long as the grievance did not explicitly restrict the remedies requested to compensation for only 120 days per year, the employee will be able to seek all the compensation owed. For grievances filed in the future, grievances should expressly request “the maximum remedy allowable by law.” Thanks to NTEU, what is “allowable by law” has changed, and our workers will now get the pay that they deserve.

Please contact your Assistant Counsel/National Field Representative with any questions.