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B-261102 1 (1995-09-11)

handle is hein.gao/gaocrptacbc0001 and id is 1 raw text is: GAO United States General Accounting Office Washington, D.C. 20548 Office of the General Counsel B-261102 September 11, 1995 Mr. Mark J. Pitman RR 2 Box 4159 Bowdoin, ME 04008 Dear Mr. Pitman: This responds to your March 17, 1995, letter requesting reconsideration of Claims Group settlement Z-2868916, Feb. 28, 1994, denying your claim for relocation benefits incident to a change of residence from Hampton, New Hampshire, to Bowdoin, Maine. As the Claims Group noted, the payment of relocation benefits is authorized for employees who are transferred in the interest of the government from one official station or agency to another for permanent duty. 5 U.S.C. § 5724(a) (1988). Based on the record, which included material provided by yourself and your agency, the Claims Group concluded that there was no change of duty station; rather, you were reassigned to another position at the same duty station in Portland, Maine. (Settlement Certificate, p. 2.) Given this conclusion, the Claims Group determination that you are not entitled to reimbursement for your relocation expenses appears correct. However, it has come to our attention that at all times relevant to your claim you were a member of a collective bargaining unit represented by the American Federation of Government Employees Local 2906 and that your claim was within the scope of matters subject to grievance and arbitration procedures under that agreement. Had the Claims Group been cognizant of this information, the Claims Group would not have adjudicated your claim. The General Accounting Office may not settle claims that are subject to a negotiated grievance procedure. Cecil E. Riggs, et al., 71 Comp. Gen. 374 (1992); and 4 C.F.R. § 30.1(b) (1995). This rule applies regardless of whether the claimant avails himself of the grievance procedure. Paul D. Bills et al., B-260475, June 13, 1995. 1001911

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