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B-232547 1 (1989-08-22)

handle is hein.gao/gaobadnny0001 and id is 1 raw text is: tIILL4/W 0i.ZR Q The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof- James R. Slattery - Relocation - Temporary Quarters Subsistence Expenses - Meal Costs File: B-232547 Date: August 22, 1989 DIGEST 1. A labor organization, on behalf of a Federal Aviation Administration (FAA) employee, requests that the Comptroller General vacate our Claims Group's denial of the employee's claim for additional temporary quarters subsistence expenses on the ground that a formal grievance had been filed at the time of the GAO settlement. Since the claim was properly submitted to GAO by the agency at the employee's request and settled, according to law, without the Claims Group being advised of the grievance, the settlement is valid and will not be vacated. 2. An employee's claim for additional temporary quarters subsistence expenses was denied by our Claims Group which sustained the agency's determination as to reasonable amounts for meals. The employee appeals that settlement on the basis of the collective bargaining agreement between the agency and a union which he argues makes inapplicable an agency guideline of 46 percent of per diem as being a reasonable rate for meals. Even if the guideline is not applicable, however, the agency was required by law and regulations to limit reimbursement to an amount it deter- mined as reasonable. The agency determined a reasonable amount to be 55 percent in this case, and that determination will not be disturbed since there is no showing it is clearly erroneous, arbitrary, or capricious. DECISION The National Association of Air Traffic Specialists, Western-Pacific Region, on behalf of James R. Slattery, an employee of the Federal Aviation Administration (FAA), appeals our Claims Group's denial of his claim for reim- bursement of meal expenses in excess of 55 percent of the maximum daily rate, the amount allowed by the FAA. Our ()a4 3 ja/' 3 '/3-,

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