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B-200341(MRV) 1 (1980-12-29)

handle is hein.gao/gaobabjyc0001 and id is 1 raw text is: GAO United States General Accounting Office Office of Washington, DC 20548 General Counsel In Reply & f - [-t - /( z Referto: B-200341 (MRV) Anthony Cardinale, Director Department of Defense Office of Dependents Schools 2461 Eisenhower Avenue Alexandria, Virginia 22331 Dear Mr. Cardinale: 3 s This replies to your etter of September 7, 1980, requesting a decision as to whether o not 5 U.S.C. § 7131 creates an obligation upon your agency to pay travel and per diem expenses to employees negotiating a collective bargaining agreement on be alf of a labor union. Your letter states that the Overseas Education Association (OEA), the exclusively recognized representative of a worldwide unit of agency employees, has requested payment for travel and per diem ex- penses in connection with negotiations on a worldwide agreement be- tween July and December 1979. The estimated expenses for negotiations in 1979 were $20,000, and the agency anticipates that the renewal of negotiations will probably cost an additional $20,000 to $40,000. The union's claim is based upon a policy statement issued by the Federal Labor Relations Authority, O-PS-3 and O-PS-6, 2 FLPA No. 31, December 19, 1979, which states that any employee who is on official time under the provisions of 5 U.S.C. § 7131 while repre- senting an exclusive representative in the negotiation of a collec- tive bargaining agreement is entitled to payment from the agency for travel and per diem expenses. You point out, on behalf of the Office of Dependents Schools, that this policy statement by the Authority is not a final order which would be subject to judicial review under the provisions of 5 U.S.C. § 7123. Moreover, you believe that the Authority's ruling is erroneous, and that this matter falls within our jurisdiction since it involves the expenditure of appropriated funds. You ask us for a prompt decision because your agency is placed in the untenable position of either making what you consider to be illegal payments for travel or being held in violation of the Civil Service Reform Act. y/ os

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