Washington, DC
U.S. Office of Personnel Management
Leave Claim Decision
Under section 3702 of title 31, United States Code
Chickamauga, Tennessee
Robert D. Hendler
Classification and Pay Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
03/20/2015
Date
The claimant, through his duly appointed union representative, the Business Manager of the International Brotherhood of Electrical Workers (IBEW), Local 721, seeks payment for time spent in reporting for a medical examination ordered by his employer, the Tennessee Valley Authority (TVA), and associated transportation costs. We received the claim request onJanuary 15, 2015. For the reasons discussed herein, the claim is denied for lack of jurisdiction.
The claimant’s representative states the claimant previously pursued this matter through the negotiated grievance procedure provided for in the collective bargaining agreement between TVA and the Trades and Labor Council for Annual Employees of the Tennessee Valley Authority, which was denied by the agency. He asserts “[t]he CBA, General Agreement, (Exhibit 1) specifically excludes leave matters from its scope in Supplementary Schedule B-XVI., page 81, thus this claim to the Office of Personnel Management.”
OPM does not have any authority to investigate or settle claims made against an agency which has independent settlement authority under the law. The applicable law in this case, section 831c.(b) of title 16, United States Code (U.S.C.), states TVA: “May sue and be sued in its corporate name.”
A review of guidance issued by the Government Accountability Office (GAO), formerly the General Accounting Office, the agency formerly charged with settling compensation and leave claims under 31 U.S.C. § 3702,[1] is instructive. GAO decisions make clear GAO did not view its claims settlement authority as encompassing claims against an agency or Government corporation with independent claims settlement authority under the law. As provided in a decision issued by GAO concerning a TVA employee seeking back pay:
The Tennessee Valley Authority is a body corporate and, under 16 U.S.C. Sec. 831cb [sic] (1976) may sue and be sued in its own name. Because of its independent status, claims against it are not properly handled by the General Accounting Office.
B-198446 (May 5, 1980).[2]
Therefore, we do not have jurisdiction to consider or settle this claim.
While we cannot render a decision on this claim, we note that the claimant is also attempting to claim travel expenses related to the medical examination at issue in his claim request. However, OPM lacks subject-matter jurisdiction for travel claims. See 31 U.S.C. 3702(a)(3).
This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant’s right to bring an action in an appropriate United States court.
[1] Pursuant to the Legislative Branch Appropriations Act of 1996, most of the claims settlement functions performed by the General Accounting Office were transferred to the Director, Office of Management and Budget. See section 211 of Public Law 104-53, 109 Stat. 535. Subsequently, the Acting Director delegated these functions to various components within the Executive branch in a determination order dated July 28, 1996. In summary, this order delegated to OPM the authority to settle claims against the United States involving Federal employees' compensation and leave, deceased employees' compensation, and proceeds of canceled checks for veterans' benefits payable to deceased beneficiaries. Subsequently, Congress codified these changes through additional legislation. See Public Law 104-316, 110 Stat. 3826.
[2] See also B-209585 (May 26, 1983)