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B-203677 1 (1981-08-06)

handle is hein.gao/gaobadjpt0001 and id is 1 raw text is: A& 01,LER 0 THE COMPTROLLER GENERAL DECISION O F THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: B-203677 .DATE: August 6, 1981 MATTER OF: National Guard Bureau DIGEST: National Guard agency's failure to record obligation resulting from contract for arbitration services which came into effect after agency technician, acting for Adjutant General, did all that was required to com- mit agency to use of arbitrator and to pay fee, does not prevent payment of fee provided funds are currently available for such payment. An authorized certifying and contracting officer of the National Guard Bureau, Departments of the Army and Air Force, requests our decision regarding the propriety of paying an invoice submitted by Ezra S. Krendel in the amount of $552.70 for arbitration serv- ices. The record indicates that the Association of Civilian Technicians filed a grievance for the inter- pretation of its contract with the National Guard Bureau. Such grievances, if not locally resolved, are required to be settled by the Federal Mediation and Conciliation Service (FMCS). Consequently, FMCS pro- vided to the National Guard Bureau and the union a list containing the names of five arbitrators including Ezra S. Krendel. A technician personnel officer of the Bureau subsequently informed FMCS that the Bureau and the union had agreed upon Mr. Krendel as arbitrator. FMCS appointed Mr. Krendel, who performed the required arbitration services for the Bureau and the union during December 1980. Pursuant to the union contract, the cost of the arbitrator was to be borne equally by the National Guard Bureau and the union. L o r;?I

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