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B-210055 1 (1983-07-08)

handle is hein.gao/gaobadlek0001 and id is 1 raw text is: THE COMPTROLLER ONNERAL DECISION * .. OF THE UNITED STATES WASH$INOT0N. 0.0C. 20548 FILE: B-210055 DATE: July 8, 1983 MATTER OF: Availability of Fiscal Year 1982 funding for award of performance pay to members of the Senior Foreign Service DIGEST: Unobligated balance of fiscal year 1982 Salaries and Expenses appropriation for the United States Information Agency remains available for obligation to fullfill any order of the Foreign Service Labor Relations Board aris- ing out of an unfair labor practice proceeding insti- tuted in September of 1982. Under 31 U.S.C. S 1502(b), provisions of law providing for the expiration of appro-.. priations and their reversion to the Treasury do not apply to the funds involved in the pending proceeding. The Regional Director of the Foreign Service-taor Relations Board (Board) has requested an advisory opinion on the current availability of fiscal year 1982 funds for the award of performance .pay for that year to employees of the United States Information Agency (formerly the International Communication Agency) (Agency) -who are members of the Senior Foreign Service. Fbr the reasons set forth below, we hold that unobligated fiscal year 1982 funds remain available for such awards. By way of background, the Regional Director explains that Chapter 10 of the Foreign Service Act of 1980, Pub. L. No. 96-465, 94 Stat. 2071, 2128, establist) a labor-management relations pro- gram in the foreign service and created the Foreign Service Labor Relations Board within the Federal Labor Relations Authority. The Act also created the Foreign Service Impasse Disputes Panel (Paiel) to assist in resolving negotiation impasses arising during collec- tive bargaining, 22 U.S.C. S 4110, and required that final action of the Panel be binding on the parties for the term of the collective bargaining agreement unless the parties have agreed otherwise, 22 U.S.C. § 4110(c)(3). Both the Board and the Panel were given jurisdiction over agencies having foreign service operations includ- ing the Agency, 22 U.S.C. § 4103. Section 1015 of the Act, 22 U.S.C. S 4115, created an unfair labor practice process, and de- fined unfair labor practice to include failure or refusal by an agency to cooperate in .impasse procedu-ret and impasse deqisions , as required under this chapter. Local 1812 of the American Federation of Government Employees (Union), certified in 1978 as the exclusive representative for all eligible Foreign Service employees in the Agency, requested that the Parnel consider a negotiation impasse concerning the Foreign ao&o Yq

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