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B-167461 1 (1978-08-09)

handle is hein.gao/gaobadggm0001 and id is 1 raw text is: II I) DECISION FILE: B-167461 IL K- ,A. (> 4, j- THE COMPTROLLQR GENERAL .. OF THE UNITED STATES 'ASHINGTON. D.C. 20BlE DATE: Alwit 9, 1978 MATTER OF: Robert J. Crane--Claim for cattornoy fees DICEST: Where an employee of the Federal Govern- ment secures the service of an attorney to assist him in recovery under unfair labor practice proceeding and makes claim for reimbursement for 0uch services, in the absence of legal authority permitting reimbursement of those fees and certain other expenses incident thereto, such a claim may not be allowed. This action is in resnonse to correspondence from Mr. Robert J. Crane, a former Federal Aviation Administration (FAA) emplayei stationed at Bellingham, Washington, concerning his entitlement to be reimbursed for attorney's fees In connection with an unfair laor practice proceeding initiated by htm, The file shows that the employee made claim for buckpay, travel and per diem expenses believed due in connection with an earlier unfair labor practice proceeding which he attcnd:1 as a witness. That claim was turned down by the FAA on the basis of a finding that he was in a nonduty, nonofficial status during the period covered by that claim. The employee thereafter initiated an unfair Labor practice proceeding and secured the services of counsel Lo assist him in pursuing recovery. In time, the question as to xwhetel.r the FAA could use appropriated funds for rLe payment of the employce's claim was administiatively resolved in his favor and he was reim-- bursed for those expenses, but not for his attotney's fees or incidental expenses ir urred in connection wiLh a trip made by him to Auburi, W.ashington, for counseling with his attorney prior to resolution of the clim. The matter of those facs and i-cidental expenses was the sub- ject of letter -167461, dated FebrLnry 22, 1977, addresseG to the employce's atiorney, which advised that * -: aLtorney's fees are not payable in thi absence of specific statutory authority. We are unaware of any statutory authority authorizing payment of a claim for attorney's fees in connection with an unfair labor practice proceed in%. I - - - -- . . I '1 p 1.

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