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B-195409 1 (1980-07-07)

handle is hein.gao/gaobadijs0001 and id is 1 raw text is: 



                            THE  COMPTROLLER GENERAL
 DIECISION          21<.OF THE UNITED              STATES
                            WAS  HNGTON. 0. C. 20548



 FILE:    B-195409                DATE: July   7, 1980

 MATTER   OF:    Henry J. Kaiser - Travel Expenses to
                  Attend FAA Board of Review7

 DIGEST:      Prior to effective date of Civil Service Reform
             Act of 1978, an employee of the Federal Aviation
             Administration incurred travel expenses while
             attending a boardof review at the request of
             another employe . The employee is not entitled
             to reimbursement for his travel expenses since
             neithefExecutive Order 11491 nor the agreement
             between the agency and the union authorizes\
             reimbursement  for travel expenses under these
             circumstances.


    This decision is in response to a request dated July 9, 1979,
from the Professional Air Traffic Controllers Organization
(PATCO)  for a ruling whether Mr. Henry J. Kaiser may be. reim-
bursed travel expenses incurred while -attending a board of review
at the request of another employee.

   A board of review was held on November 16, 1978, in Washington,
D.C., for the purpose of deciding the operational certification of
Mr.  Francis Christian, an employee of the Federal Aviation Admini-
stration (FAA), pursuant to FAA procedures. The.board of review
consist's of three members and according to FAA procedures, Mr.
Christian was entitled to select one person to represent him as a
member  of the board of review. He selected MTVr. David Trick
an officer of PATCO, who would have been reimbursed for his
travel expenses under FAA procedures if he had been an employee
of the FAA. Mr.  Christian also had an attorney representing him
at the hearing and Mr. Christian asked Mr. Henry Kaiser, an
employee of the FAA in Atlanta, Georgia, to attend the board of
review. /Before attending, Mr. Kaiser was advised by the FAA
that he would not be reimbursed for expenses related to attending
the meeting.

   Mr.  Kaiser incurred an expense of $111. 75 for round-trip
travel from Atlanta to Washington. Mr. Kaiser submitted a
request for payment through the FAA and his claim was denied.
Mr. Kaiser then submitted a grievance on the matter and this
was also denied. Since the issue raised is whetherAe FAA may
pay the claim, the PATCO submitted the case to te Comptrt r
General for a decision. For the following reasons, we uphold the
denial by the FAA.

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