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B-226693 1 (1987-07-16)

handle is hein.gao/gaobadmto0001 and id is 1 raw text is: 


        The Comptroller General
O~~ZRof the United States                                    -3 Lf)

        Washington, D.C. 20548
        Decision




        Matterof-    Anniston Army Depot Arbitration Award--GAO
                     Jurisdiction
        File:        B-226693

        Date:        Jualr 16, 1987


        DIGEST

        In accordance with 4 C.F.R. Part 22 GAQ will not accept
        jurisdiction of an accounting officer's request for an
        advance decision regarding the implementation of a final and
        binding arbitration award.


        DECISION

        INTRODUCTION

        A Finance and Accounting Officer at the Anniston Army Depot
        in Anniston, Alabama, has requested an advance decision
        regarding the implementation of an arbitrator's award
        involving the Lexington-Blue Grass Army Depot and the
        American Federation of Government Employees. The Anniston
        Depot is concerned with the implementation of this award
        because it is responsible for keeping the time and
        attendance and payroll records of the Lexington-Blue Grass
        employees. For the reasons stated below and in accordance
        with 4 C.F.R. Part 22 (1982) we decline to assert
        jurisdiction over this matter.

        FACTS

        The dispute which was the subject of this arbitration
        resulted from the partial closure of the Lexington-Blue
        Grass Army Depot on July 5, 1985, the purpose of which was
        to conserve energy. All employees were either charged
        annual leave or leave without pay except emergency employees
        and those with personal hardships who worked in unaircondi-
        tioned facilities. The Union filed a grievance objecting to
        the leave charges and requesting restoration of annual leave
        and pay for those employees who had been charged annual
        leave and leave without pay, and holiday pay for those who
        had worked. The grievance was denied on the basis that
        agency regulations specifically gave management the right to
        close installations and place employees in a leave or leave-
        without-pay status. The matter proceeded to arbitration and
        the arbitrator found that the partial closure had not been
        implemented in accordance with applicable rules and
        regulations. As a result, he ordered restoration of


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