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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
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