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s9701074
Office of the General Counsel
Matter of: [XXX]
File Number: S9701074
OPM Contact: Joann Charleston
We have completed our review of a claim for compensation for Sunday travel time and have determined that the Office of Personnel Management (OPM) cannot render a decision concerning this matter.
The record shows that the employee is part of a unit covered by a Collective Bargaining Agreement, and his union has filed a grievance on his behalf through the negotiated grievance procedure.
Our Office cannot take jurisdiction over the claim of a Federal employee on a matter that is subject to the negotiated grievance procedure under a collective bargaining agreement between the employee's agency and union, unless that matter is or was specifically excluded from the agreement's grievance procedure. This is because the courts have found that Congress intended that such a grievance procedure is to be the exclusive remedy for
Cecil E. Riggs, et al.,
B-222962.3, April 23, 1992.
Accordingly, since the claim filed by the union representative is subject to negotiated grievance procedures, we decline to assert jurisdiction or issue a decision concerning this matter.