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B-207187 1 (1982-07-07)

handle is hein.gao/gaobadkma0001 and id is 1 raw text is: 11111IV #* CEQIB!ON F'LE; B-207187 MATTER 0I DIGEST: X1 THU COMPTRCLLMR GENERAL OP THS UNITED BTATUS8 WASHINGTON9 0,C3, 80I548 DATE July 7, 1982 Lawrence L. Longsdorf - GAO Jurisdiction - P4rty objects to GAO review under 4 CeF.Ro § 22. GAO will not take jurisdiction of an agency request filed under 4 C.F.R. Part 22, even though the union's objection to GAO consid- eration of the claim, because it was the sub- ject of a pending grievance, was submitted more than 20 days after the union was served with agency request. The 20-day period for submission of written comments guarantees consideration of comments received within that p1er.od but does not nullify GAO's dis- cretion to consider comments received after that time period has expired, To consider .a claim subject to a negotiated grievance procedure after one of the parties objecte would conflict with jurisdictional limits set forth in 4 C.F.R. Part 22, which are intended to ensure smooth functioning cf the procedures of the Feder1 Service Labor Management Relations statute. By letter dated March 26, 1982, Mr. Robert B, Wasnsall, Director of the National Weather Service's Central Region requested our decision concerning Mr. Lawrence L. Longsdorf's claim for 28 hours of compensatory time for travel and work he performed outside of normal working hours@ This claim is also the subject of a pending grievance filed under a negotiated grievance procedure on behalf of Mr. Longsdorf by his union, the National Weather Service Em- ployees Organization. Since Mr. Longsdorf's union has ob- jected to the submission of this mnttter to the General Accounting Office, we will not take jurisdiction. See 4 C.F.R. § 22.7 (1981) Because a grievance has been filed, we have decided to treat this request under 4 C.F.R. Part 22, which outlines our procedures for decisions on appropriated fund expendi- tures which are of mutual concern to agencies and Labor organizations. Therefore, on May 6, 1982, we wrote to the Director of the Central Region advising him that in accord- ance with 4 C.F.R. § 22.4, he was required to serve the

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