An update message on July 11, 2011 from Ira M. Lechner, Court Appointed Class Counsel who represents all claimants in the United States Court of Federal Claims in the case of Quimby et al. v. United States:

 

Dear Claimants: Here is the latest update with respect to the case which we won in the United States Court of Federal Claims.  As you know, the Judge ruled that since 1995 RNs are entitled to 25% Saturday premium pay whenever RNs used paid leave instead of working scheduled Saturday shifts; the Judge also ruled that Title 38 Hybrid employees are entitled to Saturday premium pay and night differential when they used paid leave instead of working a scheduled shift.

 

VA is still deciding whether to accept the Court's decision, or whether to appeal to the United States Court of Appeals for the Federal Circuit in Washington, D.C.  I suspect it will be a month or more until we hear the VA's decision. Back pay and interest is growing with each passing day.

 

In addition, last week I won a second decision from a different Federal Judge in the Court of Federal Claims in a case involving Nursing Assistants at the VA.  The Judge rejected all of the same VA's arguments on precisely the same issues that are involved in your case. I believe that this second opinion from another judge should help to persuade VA that it will lose if it appeals either decision.  An appeal will cost VA much more money in back pay, interest, attorney fees, and administrative fees as well as discourage so many of its skilled health care employees who have been waiting for years because an appeal could result in an additional year of unnecessary delay.  So many of you have expressed the belief that it is time to resolve this issue and move forward.

 

Please remain patient as I have always cautioned that these cases take a very long time to resolve. Please do not call or email me as there are over 60,000 claimants in this case and you can imagine how swamped I would be if many of you tried to reach me individually.  

 

I will be in touch with you as soon as I have additional news to report. Thank you for your patience and your continued support.

 

 

Ira Lechner