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B-187405 1 (1977-03-22)

handle is hein.gao/gaobadedz0001 and id is 1 raw text is: L. - William hubert 0ta Civ.Pera, 6 THU COMPTNOLIM ORNERAL CECIUION . Op TmH UNITEo ETATE WAUHININTON. 0.C. 00548 -4 Cl PRILE: B-1 MATTER 0 DIGEST: 87405 DATE: Wrc 22, 1977 F; Dwight L. Crumpacker - Arbitration Award of storage expenses Arbitrator found that agency clearly intended to transfer employee but that travel orders were not executed since agency selected employee for another position prior to intended transfer. Employee may be rei- bursed stoi'age expenies incurred in anticipation of transfer based upon arbittfator's determination thit expenses were incurred at time agency clearly intended to transfer employee and that transfer was not effected chly because agency selected employee for anoth.'r position. The Department of Transportation, by letter of September 10. 1976., and the Federal Labor Relations Coincil, by letter of January 7, 1977. have requited an advance decision on the 1egaiity of a payment orderid by an arbitfator in theznatter of Pr6fessional. Air Trafficontrcllers Orghiz'ation and Federal Aviation Adra inistration,. Department of Transportation (Walsh Arbitrator), FLRC NO. 7,AP-_98. The awawr in izestion directed the Federal Aviation Admhistration (FAA) to pay to Mr. Dwight L. Crunipacker, an FAA em loyee. the sum of $250.41. representing the temporary storage costs of his household goods for 60 days. The crAse is before the Couni-il as the result of a petition for reviewfiled by the'Departimnint of Transportation alleging that the arbitrator's award violated applicable lawa, and regulations. The Department's letter to us alleges that the payment of the award of temporary storage costs may not be made under the pertinent provisions of the Federal Travel Regulations because the grievant was not transferred from one duty station to another. In considering this mratter, our review shall be limited to the legality of the arbitration award insofar as it concerns the interpretation and i4plication of pertinent laws and regulations. We will not rule on any other issue pending before the Federal Labor Relations Council. The facts.as found by the arbitrator are as follows. Mr. Crurnpacker entered on duty with the FAA on March 16, 1975. I

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