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B-212632 1 (1983-10-04)

handle is hein.gao/gaobadljg0001 and id is 1 raw text is: / THE COMPTROLLER GENERAL DECISION . J. OF THE UNITEO STATES WASHINGTON. D.C. 20548 FILE: B-212632 MATTER OF: DIGEST: DATE: October 4, 1983 Portsmouth Naval Shipyard A disbursing officer requests a decision concerning the propriety of payment of over- time and the charging of leave incident to an arbitration award. The arbitrator found that the agency violated the agreement by changing employees' work schedules without the requisite 3 days' notice and for a period less than the 3-week minimum specified in the agreement. In the absence of a request for an advisory opinion or a joint request from the parties on a mutually agreed upon state- ment of the facts, this matter is more appropriately resolved under the procedures authorized by 5 U.S.C. chapter 71. Thus, the Comptroller General declines jurisdiction. The Disbursing Officer, Portsmouth Naval Shipyard, Portsmouth, New Hampshire, requests an advance decision concerning the payment of overtime and the charging of leave incident to an arbitrator's award. The arbitrator found that the shipyard management violated an agreement with the Federal Employees Metal Trades Council when it changed the hours of work of unit employees for a period less than the minimum specified in the agreement. While not questioning the finding of a violation of the agree- ment, the disbursing officer presents questions concern- ing the implementation of the award. For the reasons stated below, we decline to assert jurisdiction in this matter in accordance with 4 C.F.R. S 22.8 (1983). The issue presented to Arbitrator Milton J. Nadworny was whether the shipyard management violated a labor-management agreement with the Metal Trades Council when it changed the hours of work for unit employees for a period of less than 3 weeks. The arbitrator found that the unit employees, who were assigned to overhaul and install equipment on a submarine, were asked to work 12-hour shifts beginning on November 30, 1981, instead of their normal shifts of 8 hours. This schedule con- tinued for 9 days, at which time the employees appar- ently returned to their regular schedules. The Council

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