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B-202105 1 (1981-07-07)

handle is hein.gao/gaobadjnt0001 and id is 1 raw text is: DECISION FILE: B-202105 MATTER DIGEST: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0.C. 20548 DATE: July 7, 1981 OF: Gerald M. Hegarty - Arbitration Award - GAO jurisdiction Employee, whose claim for higher exposure environmental pay was denied by our Claims Group, requests reconsideration on basis of Arbitrator's award under labor-management agreement. In accordance with 4 C.F.R. § 21.7(a) payments made pursuant to an arbitration award which is final and binding under 5 U.S.C. § 7122(a) or (b), are con- clusive on GAO and this Office will not re- view or comment on the merits of the award. To the extent that the employee's request places in issue the finality or propriety of implementation of Arbitrator's decision, GAO, under 4 C.F.R. § 21.8, will not issue a decision. Those issues are more properly within the jurisdiction of the Federal Labor Relations Authority, pursuant to Chapter 71 of title 5, United States Code. Mr. Gerald M. Hegarty, an employee at the Veterans Administration Hospital, Lincoln, Nebraska,!-requests recon- siderationof his claim for environmental di-rferential pay (EDP) fot exposure to micro-organisms with a high degree of hazard. Mr. Hegarty's claim was denied by our Claims Group's settlement Z-2707054 of May 16, 1979, which determined in part as follows: 'The Veterans Administration has determined that you are entitled to differential pay for low degree hazard only. The General Accounting Office will not substitute its judgment for that of agency officials who are in a better position to investigate and determine the rights and obligation of the parties, in the absence of clear and convincing evidence which indicates that the agency determination was arbitrary and capricious. Mr. Hegarty's request for reconsideration is premised on an Arbitrator's final decision dated November 13, 1980, which concludes that maintenance personnel at the hospital ~c -L &c

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