Claim for Compensatory Time

GAO was asked to determine whether an employee of the National Weather Service was entitled to compensatory time for travel and work performed outside of his normal working hours. His claim was the subject of a pending grievance filed by his union, on his behalf, under a negotiated grievance procedure. GAO will not take jurisdiction of an agency request filed under 4 C.F.R. 22, even though the union's objection to GAO consideration of the claim, because of the pending grievance, was submitted more than 20 days after the union was served with the agency's request. The 20-day period for submission of written comments did not nullify GAO discretion to consider comments received after that time period has expired. GAO stated that to consider a claim subject to a negotiated grievance procedure after one of the jurisdictional limits set forth in 4 C.F.R. 22 would conflict with those limits, which are intended to ensure smooth functioning of the procedures of the Federal Labor Management Relations statute. Accordingly, GAO will not assert its jurisdiction.