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B-194626 1 (1979-08-09)

handle is hein.gao/gaobadhot0001 and id is 1 raw text is: -TH ClVPTROLLrER GENERAL OF THE UNITED 13TATES . VVAGHINGTON, . C. 2.0548 FILE: B-194626 DATE: August 9, 1979 MATTER OF: National Treasury Employees Union and U.S. Customs Service, Region IX -Negotiated Agreement Concerning Waiver of Erroneous Payments DIGEST: Federal Labor Relations Authority equests decision whether collective bargaining agreement provision con- flicts with the Comptroller General's standards for waiver contained in 4 C.F.R. Part 91. Agreement requires agency to notify employee of error within 5 days of pay- ment to employee or overpayment will be waived. Where agreement does riot consider employee's obligation to inquire as to correctness of payment, it is inconsistent with.standards for waiver and may not be implemented. This decision is in response to the request from the Federal Labor Relations Authority, FLRC No. 78A-29, concerning the legality of a provision in a locally negotiated collective bargaining agreement on waiver of erroneous payments of pay and allowances. The question presented for our decision is whether the provision in the negotiated agreement conflicts with the standards for waiver of claims issued by our Office and contained in 4 C.F.R. Part 91 et seq. The Federal Labor Relations Authority is considering the negotiability of several provisions of a collective bargaining agree- ment entered into by the U.S. Customs Service, Region IX, and the National Treasury Employees Union. The provision of the agreement which is the subject of our decision provides, in Article 35, Section 3, as follows: The Employer agrees that where, through administrative error or oversight, an employee receives a monetary payment above that to which he or she would otherwise be entitled, said overpayment shall be waived upon a showing that: 1. The amount involved is not more than five hundred dollars ($500.00) or the equivalent; 2. The employee was not responsible for the error; and, 3. Collection action under the claim would be- against equity and good conscience and not in

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