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B-209285 1 (1983-03-22)

handle is hein.gao/gaobadkyk0001 and id is 1 raw text is: 


                           THE COMPTROLLER GENERAL
  DECISION                 OF THE UNITED STATES
                           WASHINGTON. 0. C. 2054B



  FILE:  B-209285               DATE: Mrch 22, 1983

  MATTER OF:     George J. Keenan and Gerald S. Goodman -
                 Travel Expenses and Grant of Leave to
                 Attend Meeting as Labor Organization
  DIGEST:        Representatives

             1. Prior to the effective date of
                 the Civil Service Reform Act
                 of 1978, two employees of the
                 Defense Contract Audit Agency
                 incurred travel expenses while
                 attending a meeting in their
                 capacity as union representa-
                 tives. The employees are not
                 entitled to reimbursement for
                 travel that is not certified to
                 be of primary interest to the
                 Government, since neither
                 Executive Order 11491 nor the
                 applicable Joint Travel Regula-
                 tions (2 JTR para. C4506) author-
                 izes such reimbursement. Neither
                 labor nor management called the
                 meeting or requested the partici-
                 pation of the employees, and the
                 meeting was for purposes of
                 discussion only.

             2. The determination of whether
                 to excuse employees from duty
                 without charge to leave when the
                 employees are representing labor
                 organizations at a meeting is
                 within the discretion of the
                 agency. Such determination will
                 stand unless the agency action is
                 arbitrary, capricious, an abuse
                 of discretion, or otherwise not
                 in accordance with law.

     This is in response to a request from the American
Federation of Government Employees (AFGE), for reconsidera-
tion of our Claims Group's settlements, Z-2709738, and
Z-2709739, dated April 4, 1977. The settlements disallowed
the claims of Messrs. George J. Keenan (now deceased) and
Gerald S. Goodman for grant of leave and reimbursement for




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