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Office of the General Counsel

Date: April 1, 1998
Matter of: [xxx]
File Number: s9801336

OPM Contact: Joann Charleston

We have completed our review of a request for a decision regarding working a flexible work schedule and earning credit hours when traveling. We have determined that the Office of Personnel Management (OPM) cannot render a decision concerning this matter.

This request was submitted by the President of the American Federation of Government Employees (AFGE), Local [xxx]. We have been asked to determine if credit hours can be earned while traveling or if employees may adjust their work schedule to permit traveling during scheduled duty hours. The file further indicates that a grievance regarding this matter has been filed on behalf of individual employees represented by AFGE, Local [xxx].

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.

Furthermore, in order for a claim to be considered by our Office it should be submitted by the claimant in writing and must be signed by the claimant or by the claimant's representative. Accordingly, since the employees have not filed a claim with our Office we cannot respond to this matter.

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.

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