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B-180010.02 1 (1976-06-25)

handle is hein.gao/gaobaddcr0001 and id is 1 raw text is: A THE COMPTROLLER GENERAL SDECISIO OF THE UNITEO STATES WASHINGTON, D.C. 20548 'IQ B-1800 10.02 DATE: 9o 7b9 MATTER OF: DIGEST: Federal Aviation Administration and Professional Air Traffic Controllers Organization - Arbitration Awards of Employee Parking Accommodations Federal Aviation Administration (FAA), Department of Transportation, questions propriety of implementing three arbitration awards requiring FAA to provide parking accommodations for employees. FAA does not consider it would be justified in making a determination, as required for expendi- ture of funds by applicable regulations, that such leased parking accommodations are necessary to avoid impairment of its oper- ational efficiency. Inasmuch as, FAA regulations incorporated by reference in the collective bargaining agreement have already made the reouired determination, FAA is not required to make a further determination. Accordingly, FAA may expend appropriated funds to implement awards. This action involves an October 14, 1975 letter request for an advance decision from Mr. William S. Heffelfinger, Assistant Secretary for Administration, Department of Transportation, as to the propriety of implementing three arbitration awards that require the Federal Aviation Administration (FAA), a subordinate agency of the Department, to expend appropriated funds for em- ployee parking. Initially, the Department noted an exception to the awards and, under the provisions of section 13(b) of Executive Order No. 11491, as amended, petitioned the Federal Labor Relations Council, for review on the basis that the arbitrators had exceeded their authority and fashioned remedies that would require the improper expenditure of appropriated funds. In support of the petitions, the Department alleged that the awards did not meet the criteria set forth in two Comptroller General decisions (43 Comp. Gen. 131, and 49 Comp. Gen. 476) and in GSA Order 7030. 2C. The Council on July 24, 1975, declined to accept, the petitions for review on the ground that the applicability of the GSA order and the two Comptroller General decisions had not been demonstrated in the petitions. Consequently the Department has requested a ruling from this Office on the matter. PULISHED DEC-IO1- FILE: q 2 .3q (0

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