NFFE Members Challenge 5 Month Confinement Order in Court

On February 14, 2005, bargaining unit members in NFFE Local 1363 filed a class action lawsuit in the United States Court of Federal Claims in Washington, D.C.  The suit challenged an order by the Commander of the United States Forces, Korea (USFK) which confined civilian Department of Defense employees to their quarters after the end of the regular work day, 5 to 8 hours a day, 7 days a week for over 5 months. From September 24, 2004 through March 1, 2005, by order of General Leon J. LaPorte, NFFE bargaining unit employees and their families were confined to their official residence in Korea, whether such residence was on or off a military installation.  Virtually all of civilian employees lived off the military installation in the local economy.  As justification, USFK stated that “readiness is paramount” and that civilian bargaining unit members were subject to confinement as “an integral part of the USFK team and vital to the readiness of the command.”

LaPorte’s order prohibited bargaining unit members from attending civic activities, religious functions, socializing with others and the Korean community, as well as other civil liberties associated with the freedoms enjoyed by all American citizens.  Federal employees of other agencies stationed in Korea were not subject to the same restrictions.  During this 5 month confinement, employees were provided no night differential or overtime payments while the Department of Defense derived the benefit of ‘optimum’ “readiness”.  The lawsuit alleges that because of the employer/employee relationship, the confinement of employees in a state of readiness after regularly scheduled work hours amounted to overtime work within the meaning of Federal overtime laws.  The lawsuit claims back pay for overtime and other premium pay.  These combined claims could exceed 20 million dollars in damages.

Once NFFE Local 1363 brought the issue to management’s attention, management rescinded the confinement order immediately. 

NFFE General Counsel, Susan Tsui Grundmann, will serve as co-counsel to this class of approximately 4,000 individuals along with Ira Lechner, a renowned attorney on federal employee pay issues.