Ackerman v. United States

OPINION

BRUGGINK, Judge,

This case is before the court on the Government’s motion to dismiss plaintiffs’ complaint for lack of subject matter jurisdiction. Defendant contends that the plaintiffs’ exclusive method for resolving overtime pay disputes under the Fair Labor Standards Act is the grievance procedure of their union’s collective bargaining agreement. The issue is whether, in the circumstances of this case, the relevant collective bargaining agreements exclude from their purview overtime pay disputes. After considering the parties’ written and oral arguments, the court concludes that the…