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B-194372 1 (1980-01-08)

handle is hein.gao/gaobadhvz0001 and id is 1 raw text is: 





DECISION


        THE  COMPTROLLER GENERAL
      * OF  THE UNITED STATES
        WASHINGTON, D.C. 20548
10NITEV


FILE:   B-194372                    EJanuary 8, 1980

MATTER   OF: Ard T. Johnson - POV Use Advantageous to
             Government


Employee, not covered by agreement, who traveled     60
to FAA Academy may  have his travel order amended /6
to show that travel by privately owned vehicle (POV)
was advantageous to Government if FAA determines
it would be advantageous under criteria in collective-
bargaining agreement. Agreement reflects determi-
nation that travel to FAA Academy under conditions
stated therein is advantageous under Federal Travel
Regulations. Unless there are valid reasons to find
otherwise in a particular case, it would be arbitrary
and capricious for FAA to treat employees not
covered by agreement differently than those covered.


*   This decision is issued at the ieQies of Mr. William B. O
Peer, Counsel for the Professional Airways Systems Specialists
(PASS).  The question presented is whether the Federal Aviation
Administration (FAA) may decide that certain travel by privately
owned vehicle (POV) to the FAA Academy in Oklahoma City,
Oklahoma,  by electronic technicians and other personnel
similarly situated, is not advantageous to the Government unless
the individuals are covered by a collective-bargaining agreement.
The question arises because the FAA has entered into an agree-
ment with a union which states that the type of travel involved
is advantageous to the Government when it is performed by em-
ployees who are covered by the agreement. The FAA declined
to supply written comments on the matter.

    The documents submitted by Mr. Peer show that Mr. Ard T.
Johnson, an FAA employee, requested the amendment of his
travel order to show that his travel by POV to the FAA Academy
was advantageous to the Government since Article 19 of FAA's    4L 3 O31
collective-bargaining agreement with the Federal Aviation Science f<
and Technological Association, National Association of Govern-
-nent Employee-s-FASA AGE) provides   that certain travel to
the FAA Acadamy  by POV is advantageous to the Government.
Mr.  Johnson's request was denied on the basis that the E9dera5leodd3 -
Tabnr  Relations Council's (FLRC) decision 78A-26, October 16,
1978 (which is attached to Federal Personnel Manual (FPM)
Bulletin 711-61, March 28, 1979) from which Article 19 was


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