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B-205768 1 (1982-03-02)

handle is hein.gao/gaobadkcq0001 and id is 1 raw text is: I Ia


                               THErCOMPTROLL3              ERAL
  DECISION                     OF T HIS UNITE           13DTADr  c
                               WAsHHIN GTON,        ,t, 20!3469



  FILEiB-205768                       DATEIMarch 2, 1982
  MATTER OF: Federal Mediation and Conciliation Service
                 payient of embrship Dues

  DIGEST: Federal Mediation and Conciliation Service may
            not pay membership fee of employee in Aswsocia-
            tion of Labor Relations Agencies since 5 u.S.c,
            9 5946 prohibits payment of membership fees or
            duns for Goverrurent employees as in&lividuals.
            Agency may pay for membership in name of agency,
            however,

     A certifying officer of the Federal Nel~iation and Conciliation
Service has asked wlethew the Service lay spend appopriated Eunds
for the membership dues of Deputy Dirctor Kenneth N..offett in the
Association of Labor Relations Ageicies, Mr. Mffett. was billed
$250,60 on August 15, 1981, for his duos for the year June I, 1981
May 31, 1982, For the following reasons, we conclude that the Service
may not pay Mr, Moffett's annual mem!ber:-ship dues, However, if the
Service were to pay the dues in its ow nmne, rather than that of
Mr. ioffett, we would not object to the expenditure,

     Section 5946 of Title 5, United States Code, prohibits, with
stated exceptions, the expenditure of appropriated funds to pay the
membership dues of Federal employee;- in a society or association, '1he
submission contends that although this prohibition is very sp=,cific
and clear, an exception may be justifiable ant]dwarranted in the
given circumistances. 'o passages fran the Labor..Management R[elations
Act, 1947, are cited:
          * * ineDirector may establish suitable
     procedures for cooperation with State and local
     mediation agencies,* * * 29 U.S.C. q 172(c).
          k * *Tel Director and the Settvlice are directed
     to avoid attempting to mediate disputes which would
     have only a minor effect on interstate camnerce if
     State or other conciliation services are available to
     the parties, I1enever 'the Service does proffer its
     services in any dispute, it shall be the duty of the
     Service prcmptly to put itself in cafmunication with
     the parties anti to use its best efforts, by mediation
     and conciliation, to bring them to agreement.
     29 U.S.C. 173(b).


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