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B-199998 1 (1982-02-26)

handle is hein.gao/gaobadkcn0001 and id is 1 raw text is: DECISION I *rh ,? TH.i COMPTROLLER SENEIAL OF THE UNITED STATES WASHINGTON, 01,0 ,20548 v B-199998 MATTER OF; n3nmr=r, y DATE: Linda A. Vaccariello - of negotiated agreement subsistence expenses February 26, 1982 Backpay under provision - Temporary quarters l, The question of whether the temporary promotion provistonS in a collective bargaining agreement apply to unit-em- ployees temporarily servin9 in nonun it positions is an issue of contract in'ter- pretation which is customarily adjudicated solely under grievanoe-arbitratlon provi- sions, and is therefore not appropriate for resolution by GAO, Accordingly, this Office will defer to labor-management procedures established under 5 U.s.C. Chapter 71, 2. Claims involVing matters of mutual c oncern to agencies and labor organiz-ations i3ubmitted under 4 CF,R, Part 31 are.considered joint submissions where both parties to thQ agree- ment have notice of the submission to GAO and neither party objects to our considera- tion of the claim. See also 4 C.F.RI S 22.7(b)(1981). 3. Transferred employee reclaims amount-of temporary quarters subsistence expenses administratively reduced to 50 percent pro-rata sare based solely on the fact that the quarters were shared by another employee during period of TQSE claim. Since employee actually incurred the ex- pense, and in the absence of any evidence that occupancy by a second person increased the renthl cost or that the amount claimed was otherwise unreasonable, the full amount of the claim is allowable. The first issue in this case is whether a negotiated agreement's provision for retroactive temporary promotions after details to a higher graded position of 31 days or more applies to unit employees temporarily serving in nonunit positions. le determine that the question presented is a -e x,2/ 3 FILE: ,)-o %.4 1 L-a &.4 161 0 4

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