Home Media Center News Releases

Washington, D.C.?The National Treasury Employees Union (NTEU) has won approval from a federal court to pursue as a class action a case against the Internal Revenue Service (IRS) Office of Chief Counsel field offices alleging violations of a federal law covering overtime compensation.

NTEU President Colleen M. Kelley said the ruling by the U.S. Court of Federal Claims (CFC) will allow the union to pursue the case on behalf of IRS attorneys "in the most efficient manner."

Last September, NTEU, which represents the employees who work in IRS regional and district counsel offices both in Washington and around the country, filed the CFC suit claiming that the agency over the years has failed and continues to fail to pay bargaining unit attorneys for overtime hours worked and time spent in travel.

The thrust of the union's argument is that, given the attorneys' workloads and deadlines, they are effectively induced to work overtime, but without accompanying compensation for hours worked beyond 40 in a work week.

The court also ruled from the bench after oral argument that the case should proceed as a so?called "opt?out" action, a position the agency opposed. Under "opt?out" principles, which Kelley called "both the most fair and efficient way to proceed," all members of the class will be covered by the action unless they formally elect not to take part, or to "opt?out."

Initially, some 600 attorneys will make up the class of plaintiffs. NTEU is seeking back pay and interest over the past six years.

Kelley said NTEU and IRS lawyers will meet promptly to discuss procedures for notifying class members about the suit and allowing them to "opt?out" if they desire.

Some 1,200 IRS attorneys and support employees in offices around the country, whose job is to ensure compliance with tax laws through the judicial system, voted for NTEU representation earlier this year. They joined employees in the Washington office of IRS Chief Counsel, who have been represented by NTEU for a number of years.