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B-212292 1 (1984-10-12)

handle is hein.gao/gaobadlyp0001 and id is 1 raw text is: THE COMPTROLLER GENERAL 0 OIUDION . OP THE UNITiO 6TATES C WAUHINGTON. O.C. 20548 FILE: B-212292 DATE: October 12, 1984 MATTER OF: Gracie Mittelsted - Expenses of Travel to Attend Merit Systems Protection Board Hearing DIGEST: An individual who was separated through a reduction-in-force prior to the expira- tion of her term appointment in March 1982, appealed the separation in hearings before the Merit Systems Protection Board in May 1982. The appellant prevailed, was awarded backpay for the unexpired period of her appointment, and now claims travel expenses for her attendance at the hearings. The appellant may not be allowed travel expenses authorized for a Government employee under 5 U.S.C. SS 5702 and 5704, since she traveled to the hear- ings after the expiration of her term appointment. Furthermore, she is not eligible for travel expenses payable to non-employee witnesses under 5 U.S.C. S 5703, since she was a party to the proceeding. The American Federation of Government Employees, Local No. 644, requests our decision as to whether Ms. Gracie Mittelsted may be reimbursed for the travel expenses she incurred when she attended a Merit Systems Protection Board (MSPB) hearing to appeal a reduction-in- force which resulted in her separation from temporary employment with the Department of Labor. For the rea- sons explained below, we find no basis for allowing Ms. Mittelsted's travel expenses. The union's request for a decision has been handled as a labor-management relations matter under our procedures in .4 C.F.R. Part 22 (1984).. The Department of Labor was served with a copy of theunion's request and supporting documents, but has not furnished responsive comments. BACKGROUND In 1978, the Department of Labor appointed Ms. Mittelsted to the position of Claims Examiner, grade

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