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B-208145 1 (1982-08-31)

handle is hein.gao/gaobadkpa0001 and id is 1 raw text is: i THE COMPVRQLLIR GENERAL DECISION O Fi' THU JNITEO flrArEs WABHINCTON, 0. 4 ff I FILE: 9-208145 DATE: August 31, 198W MATTER OF: Geoge E. Morris - GAO Jurisdiction - Claims on Matters Subject to a Negotiated Grievance Procedure DIGEST; The General Accounting Office (GAO) will not take jurisdiction of a union request filed under 4 C.F,R. Part 22 when the agency objects to the submission on the grounds that the claim had originally been filed under its negotiated gLievance procedures, Although the agency objection was not submitted within 20 days after receipt of the union request, the GAO will exercise its discretion to consider comments received after the 20-day time period has expired, and will not assert jurisdiction in this matter because to do so would disrupt grievance procedurea authorized by 5 U.S.C. 55 7101-7135. The issue in this case ic whether the General Accounting Office (GAO) should assert jurisdiction over a claim filed pursuant to 4 C.F.R. Part 22 (1982)6 where a grievance has been filed by the union under a negotiated grievance procedure and the agency objects, after the expiration of the 20-day period set forth in 4 C.F.R. Part 22, to the submission to the GAO. We hold that the GAO will not assert jurisdiction in such circumstances. Mr. George E. Morris, a WG-10, employee of the Naval Air Rework Facility, Jacksonville, Florida, claims that he was performing WG-1l work from January 3, 1980, to December 3, 1981, when he submitted a grievance pursuant to the collective bargaining agreement. Mr. Morris requested in the grievance that he be granted a retro- active temporary promotion since he had been detailed to and performed WG-ll duties. The grievance was denied at the step 1, 2, and 3 levelo by appropriate agency personnel. The union, however, did not file for arbitration within the required time limits according to the collective bargaining contract but instead requested an extension in order to submit the case to arbitration. The agency denied the requested extension. r ,

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