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B-199999 1 (1981-10-09)

handle is hein.gao/gaobadjuw0001 and id is 1 raw text is: ~o ~ -~irHE COMPTROLLER GENERAL ,9 DECISION , OF THE UNITED STATES ) WASHINGTON. D.C. 20548 FILE: B-199999 DATE: October 9, 1981 MATTER OF: Ira Schoen and Melissa Dadant - Claims on matters subject to a negotiated griev- anae procedure 7 GAO jurisdiction DIGEST: Employees of Library of Congress asserting claims for retroactive temporary promotion and backpay in connection with overlong details filed grievances under collective bargaining agreement. After receipt of agency decision at step two of grievance procedure, union filed claims with GAO pursuant to 4 C.F.R. Part 31, seeking to extend the remedy granted by the agency. The agency objects to submission of the matter to GAO. In instances where a claimant has filed a grievance with the employing agency, GAO will not assert jurisdiction if a party to the agreement objects since to do so would be disruptive to the grievance procedures authorized by 5 U.S.C. §§ 7101-7135. Moreover, the issue of the timeliness of the grievances is primarily a question of contract inter- pretation which is best resolved pursuant to grievance-arbitration procedures. The issue in this case is whether the General Accounting Office should assert jurisdiction over a claim filed pursuant to 4 C.F.R. Part 31 where a grievance has been filed under a negotiated grievance procedure and one of the parties to the agreement objects to the submission. We hold that GAO will not assert jurisdiction in such circumstances. Ms. Melissa Dadant and Mr. Ira Schoen have filed claims with the General Accounting Office pursuant to 4 C.F.R. Part 31 for retroactive temporary promotions and backpay based on alleged overlong details to higher-grade positions in the Copyright Office of the Library of Congress. The two claims were presented oy their authorized representa- tive, the American Federation of State, County and Municipal Employees (AFSCME), Capital Area Council of Federal Employ- ees (Local 2910).

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