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GAO
United States General Accounting Office Office of
Washington, DC 20548 General Counsel
In Reply
Refer to: B-200341 (MRV).
The Honorable Alice Daniel DEC 2Rf rt2 4
Assistant Attorney General
Civil Division
Department of Justice
Attention: Robert Kapp, Director
Appellate Section
Dear fs. Daniel:
Ue understand that the Department of Justice has appealed to
the U.S. Court of Appeals for the Ninth Circuit a ruling by the
Federal Labor Relations Authority that 5 U.S.C. § 7131(a) creates an
obligation upon Federal agencies to expend appropriated funds for tile
tavel and per diem expenses of employees negotiating a collective
bargaining agreementon behalf of a labor union. The case in question
involves the Bureau of Alcohol, Tobacco and Firearms, Western Region
(ATF), Department of the Treasury. 4 FLRA No. 40, September 29, 1980.
In view of the jurisdiction of our Office over the expenditure of
appropriated funds, 31 U.S.C. §§ 71, 74, and 82d, we consider it
appropriate to submit to you our views on that issue. In that regard,
we enclose for your information a copy of our letter of today to the
Director, Office of Dependents Schools, Department of Defense.
Section 7131(a)(b) and (c) of title 5, U.S. Code provides:
(a) Any employee representing an exclusive
representative in the negotiation of a collective
bargaining agreement under this chapter shall be
authorized official time for suchI purposes, includ-
ing attendance at impasse procceding, during the
time the employee otherwise would be in a duty status.
The number of employees for whom official ti', is
authorized under this subsection shall not exceed the
number of imdividuals designated at; represent ing the
agency for such purposes.
(b) Any activities performed by any employee
relating to the interual bus-:inue.s of a labor organi-
zation (including the solicitation of miembership,
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