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Office of the General Counsel

Date: [XXX]
Matter of: [XXX]
File Number: S9701018

OPM Contact: Joann Charleston

We have completed our review of a claim for reinstatement of 40 hours of annual leave and have determined that the Office of Personnel Management (OPM) cannot render a decision concerning this matter.

This claim was submitted by an employee of the [agency]. The employee states that due to administrative error she lost 40 hours of annual leave. The file indicates that the employee is part of a unit covered by a Collective Bargaining Agreement.

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 employees agency and union, unless that matter is or was specifically excluded from the agreements 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 employee is subject to negotiated grievance procedures, we decline to assert jurisdiction or issue a decision concerning this matter.

Control Panel