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Office of the General Counsel

File Number: 9903139

[claimant's name and address]

Re: File No. S003139

Dear [claimant]:

This will acknowledge your letter dated April 10, 2000, which requests the name and address of the federal agency which has authority to determine whether your claim for back pay is specifically excluded from the negotiated grievance procedure of the collective bargaining agreement between the [agency] and the National Federation of Federal Employees (NFFE), Local [#]. As you know, by letter dated November 12, 1999, [agency] advised the Office of Personnel Management (OPM) that your back pay claim was subject to the negotiated grievance procedure in the agreement.

It would appear that your administrative appeals would be limited to filing a grievance under your negotiated grievance procedure. If the matter is eventually taken to arbitration, an arbitrator will resolve questions of arbitrability. Exceptions to an arbitrator's award may be filed with the Federal Labor Relations Authority by either management or the union. See U.S. Department of the Treasury, Internal Revenue Service, Salt Lake City, Utah, and National Treeasury Employees Union, Chapter 17, 36 FLRA 278 (1990).

If you believe that your position is not properly classified you may request a classification decision by contacting the [agency] personnel office or by writing to Classification and Appeals, U.S. Office of Personnel Management, 230 S. Dearborn Streeet, 30th Floor, Chicago, IL 60604.

As requested, we are returning the material that you submitted to OPM in support of your claim. I hope that this information will be of some assistance to you.


Murray M. Meeker
Senior Attorney


Control Panel