Carter

ORDER DISMISSING ACTION FOR LACK OF SUBJECT MATTER JURISDICTION

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 opted into the action under the provisions of 29 U.S.C. § 216 (b), which allows aggrieved employees to become party plaintiffs by filing written consent forms with the court.

Defendants move to dismiss the complaint pursuant to Rules 12(b)(1) and (3) of the Federal Rules of Civil Procedure, for lack of subject matter jurisdiction and improper venue. This Court holds that the Civil Service Reform Act of 1978 (CSRA) preempts district court jurisdiction over a claim under the Fair Labor Standards Act (FLSA) brought by a federal civil servant represented by a union and working under a collective bargaining…