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B-180010.11 1 (1977-03-09)

handle is hein.gao/gaobadedn0001 and id is 1 raw text is: Leslie Wilcox ,#*i a, Civ.Peru. STHW COMPTROLLER UENERAL CECIBION . F. . OP THE UNITED UTATUE WASHINGTON. D.C. RW4U FILE: B-180010. 11 DATE: aidr 9, 197T I 'I 'I ThiE decision is in response to a request dated December 21, 1976, by Warren F. Brecht, Assistant Secretary of the Treasury (Administration), for a ruling as to whether the Department has authority to implement the arbitration awards in Internal Revenue Service, Chicago District Office and National Treasury Employees Union, Chapter 10 (Mueller, 1976). . The subject of the arbitration is the entitlement of Mecsrs. David Dier s en' and Arnold Snap, Iuit6nal Revenue Service (IRS) emiiployees, to' per diem for temporary duty assignments in the vifcifity of thdir residences. Mr. Diersen, who was permanently stationed in Jolit, Illinois, lived 26 miles from that post of duty. In November of 1973 he was assigned to temporary duty at the District headquarters office in Chicago, Illinois, 32 miles dis- tant from his residence. Mr. Snap was permanently assigned to uty-in Waukegan, Illinois, and he commuted 2 miles to his duty stati6n. In August 1974 Mr. Snap was detailed to the District's headquarters office in Chicago, 37 miles from Waukegan. Both employees were in a temporary duty status in excess of 10 hours per day throughout the periods of their respective temporary duty assignments. Based on the determination by Chicago District officials Wit Messrs. Diersen and Snap lived within the commuting area of the Chicago headquarters office, both were denied per diem under the following authority of !R Manual 1763 S 341(2): I' __ F I I MATTER O1GEST: cc. CD 0~ I OF: Arbitration Award of Per Diem for Travel to Nearby Temporary Duty Station Internal Revenue Service (IRS) instruction permits payment of per diem only when empiloyee's residence In determined to be outside the comiuting area of his temporary duty station. Arbitrator's award of per diem to employees should be resubmitted to hin since award was based on finding that agency's defini- tion of Chicago commuting area was improper and no determination was made that employees' residences were outside their commuting areas as required by IRS instruction. Arbitrator should determine what Chicago commuting area is and arbitrate grievance in light of such determination. . I

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