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B-200004 1 (1981-10-09)

handle is hein.gao/gaobadjuy0001 and id is 1 raw text is: DECISION FILE: B-20000 MATTER OF: DIGEST: THE COMPTROLLER GENERAL OF THE UNITE0 STATES WASHINGTON. 0.C. 20548 DATE: October 9, 1981 4 Samuel R. Jones - Claims on matters subject to a negotiated grievance procedure ! GAO jurisdiction 1. Civilian employee of Department of Army was detailed to higher-grade position for period of 42 days. Collective bargaining agreement pro- vided for temporary promotion with backpay for details beyond 30 days. Agency objects to submission of the matter to GAO since same collective bargaining agreement provides that employees must use negotiated griev- ance procedures to resolve grievable issues. GAO will not assume jurisdic- tion over claims filed under 4 C.F.R. Part 31 where the right relied upon arises solely under the collective bargaining agreement and one of the parties to the agreement objects to submission of the matter to GAO. How- ever, if otherwise appropriate, GAO will consider, under 4 C.F.R. Part 31, matters subject to a negotiated griev- ance procedure, despite the objection of a party, where the right relied upon is based on a law or regulation or other authority which exists indepen- dently from the collective bargaining agreement and no grievance has been filed. 2. The jurisdictional policies established in this case for claims filed with GAO under 4 C.F.R. Part 31 involving matters of mutual concern to agencies and labor organizations differ from those estab- lished in 4 C.F.R. Part 22 (1981). The differences are based upon differences in the respective procedures and are designed to achieve a balance between GAO's statutory obligations under title 31 of the United States Code and the

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