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B-209754 1 (1983-04-20)

handle is hein.gao/gaobadlak0001 and id is 1 raw text is: C;/--/ / r-4( THE COMPTROLLER GENERAL DECISION O F THE UNITEO STATES CIU~'WASHINGTON. 0.0. 20548 FILE: B-209754 DATE: April 20, 1983 MATTER OF: Customs Service Employees - GAO Jurisdiction - Party Objects to GAO Review DIGEST: under 4 C.F.R. S 22 GAO will not take jurisdiction of a union request filed under 4 C.F.R. Part 22 when the agency objects to the sub- mission, even though the objection was not submitted within 20 days after receipt of the union request. GAO will exercise its discretion to consider comments received after the 20-day time period has expired, and in light of the agency's objection, will not assert jurisdiction in this matter because to do so would disrupt labor-management procedures authorized by 5 U.S.C. SS 7101-7135. By a letter dated October 29, 1982, Mr. William P. Milton, Jr., National Field Representative of the National Treasury Employees Union (NTEU), requests that we review an August 27, 1982, determination by the United States Customs Service (Customs), to deny the overtime claims of 46 Customs Inspectors employed in the Portland, Maine, district of that agency. Customs has objected to our consideration of these claims. Therefore, since the issues to be resolved are subject to negotiated grievance procedures, we will not take jurisdiction. The claims of these Inspectors were based on an arbi- trator's decision issued on February 2, 1982, concerning the overtime entitlements of a small group of Customs Inspectors employed at the Port of Portland, Maine. The arbitrator found that the agency, in violation of both the negotiated labor-management agreement, and certain provisions of the Customs Manual Supplement, had regularly assigned overtime work to supervisors in the Portland District, despite the fact that members of the bargaining unit were ready, willing and able to perform such work. He issued a cease and desist order, directing Customs to discontinue its practice of

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