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B-208224 1 (1982-11-08)

handle is hein.gao/gaobacubz0001 and id is 1 raw text is: 11 h UNiTED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, DC. 20548 oMeR ass04EMw.cown. November 8, 1992 B-208224 rt. R,J. Menia J.Pbor and Employee Relations Division Director Civilian Personnel Office Department of the Navy Naval Air Rework Facility Norfolk, Virginia 23511 Dear Mr, Uenia: We refer again to your submission dated July 7, 1982, concerning emtitlement to payment of overtime compensation during'periods that an employee is on military leave. In your letter you explained that as a result er2 a Naval audit the Facility changed its policy on making over- tiet 'tnayments tor periods that employees are on military leave. You furchar state that in view of an arbitration award which indicated that the Facility's policy with regard to the payment of overtime is incorrect you desire guidance on payment of overtime compensation in other cases involving military leave. You state that i the Facility adheres to its current policy you expect rhat the union will file another grievance. Regulations provide that the Comptroller General will not issue a decision or coment on the merits of a matter which is subject to a negotiated grievance pro- cedure authorized by 5 U.S.C. 7121, except upon the request of an authorized certifying or disbursing officer or the joint request of the agency and labor organization. See 4 C.FR. 22.7(b)(1982). In addition, those regulatiorta require that a copy of a request be served on the appropriate representative of the labor organization and that a statement of service be submitted to the General Accounting Office. See 4 C.F.R. 22.4 (1982). We call to your attention that payments made pursuant to ar arbitration award which is final and timely under 5 U.S.C. 7122(a) or (b) are considered conclusive and the Comptroller General will not review or comment on the merits of such &n award. However, payments made under an arbitration award do not constitute precedent for payment in -instances not covered by the award. See 4 C.F.R. 22.7(a)(1982). We are enclosing the regulations set forth at 4 C.F.R. Part 22 (1982). k

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