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B-226283 1 (1987-06-18)

handle is hein.gao/gaobadmsv0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: Karl Foarile - Labor Relations - File: Objection to GAO Review B-226283 Date: June 182 1987 DIGEST In accordance with 4 C.F.R. Part 22.7(b), GAO will not take jurisdiction of a union request for review of an employee's claim where the agency objects to GAO's consideration of the claim. DECISION Mr. Louis Baldasty, American Federation of Government Employees (AFGE) Local Representative for Local 3369, Social Security Administration, has requested our decision, regarding whether the Department of Health & Human Services, Social Security Administration, complied with applicable laws and regulation in its collection of a debt owed to it by an employee, Mr. Karl Foarile. The Department of Health & Human Services objects to our consideration of this matter which is the subject of an ongoing grievance proceeding. We decline to assert jurisdiction in view of the agency's objections. According to the case record, when Mr. Foarile received his pay slip for the pay period ending March 15, 1986, he noticed that his pay had been adjusted by reducing it $3.17. Upon investigating the matter, he learned that his agency had determined that he had been overpaid $3.17 for the pay period ending December 21, 1985. Consequently, to liquidate this indebtedness, the agency had deducted the amount of the indebtedness from his March 1986 pay. Mr. Foarile took exception to the agency's action and filed a grievance under the negotiated agreement between the AFGE and the Social Security Administration. The crux of his grievance apparently is that any debt collection by offset, as was done by the agency, requires that the employee first be given notice and an opportunity to contest the proposed agency action. Although this grievance is still pending, Mr. Foarile has authorized his union representative, Mr. Baldasty, to seek our decision on several questions regarding the debt collection practices of the agency which,

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