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B-180010.09 1 (1976-12-09)

handle is hein.gao/gaobadeab0001 and id is 1 raw text is: 
I


jA


DECISION


FILE:


B-180010. 09


MATTER   OF:


DIGEST:.


DATE:  December9, 1976


   Joseph Pradarits - Arbitrator's Award
   of Travel ErpenseE

1. Employee's request to use privately
   owned vehicle (POV) as advantageous
   to Government for temporary duty
   travel was denied although official


                 told him it wouldtbe approved. Arbit-
                 rator held that employee should be
                 paid as though requesthad been ap-
                 proved since agency's failure to act
                 on it within time frame'in its regu-
                 lations Ptid official's statement amounted
                 to approval. Award miay'hotbe imple-
                 mented sinceno determination was
                 made  that POV is.advantageous to
                 Government  on boasis of cost, efficiency
                 or work requirements a. -CquirLd by
                 Federal Travel Regulations.

              2. Although agency official indicated to an
                 employee that his requestto tse POV
                 as advantageous to the Government for
                 temporary duity travel viould be apptoved,
                 such statement does n6t bind Goverhmer.t
                 since official had no authority to approt e
                 POV  use and Government is not estopped
                 from repudiating advice given by one
                 of its officials if that advice is erroreous.

     This action involves ti.e request of July 13, 1976, by the Ex-
ecutive Director of the Federal Labor Relations Council (FLRC)
fbr' an advance dAcision as .to the legality of an arbitrator's award
which gralited reimbuixsement of ch-ttain travel expiAses and.re-
credit of leave in the rase of Ptiofessional .-Air Traffic Conttcl-
lersVOrtanization Ai'd Feieral Aviation. Ad'mmnistration, Eastern
Re   nor (Wo6f,- Arbitrator), FLRC No. 'S-].U. THE case isbefore
eThi&Vderal Labor Relations Council as a result of a petition for
review filed by the the Department of Transportation alleging that the
arbitration award violates applicable law and appropriate regulationa.

                              FACTS

The record indicates that on March 12, 1974, the grievant, Mr. Joseph
Pradarits, a. employee of tne New York Air Route Traffic Control







    I I


  THE  COMPTROLLER GENERAL
.. OP  THE   UNITED UTATER
  WAEHINGTON, D.C. 20540


I-

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