Carter v. Gibbs

ORDER DISMISSING ACTION FOR LACK OF SUBJECT MATTER JURISDICTION

HUPP, District Judge.

I

On July 28, 1987 plaintiffs filed this action under the Fair Labor Standards Act, 29 U.S.C. §§ 201, et seq. (FLSA), for recovery of overtime pay. Named plaintiffs are seven Revenue Officers, employed by the Department of Treasury, Internal Revenue Service, at Grades 11 and 12. All are members of the National Treasury and Employees Union, and are subject to a collective bargaining agreement entered into between the union and the government.

Since the complaint has been filed, almost 300 federal employees have…