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[Request for Decision Concerning Failure To Withhold Union Dues and Related Overpayments]

B-211954 Oct 03, 1983
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Highlights

GAO was requested for an advance decision regarding the propriety of approving vouchers to implement an arbitration award of membership dues to a union and to refund an amount previously collected from some of the civilian employees involved. The record showed that an Air Force civilian payroll office failed through administrative error to deduct union dues allotments from the pay of 18 employees. After the error was discovered, the Air Force proposed to the union that it would collect the dues arrearages from the employees involved and then remit the amounts collected. The union disagreed with this proposal and filed a grievance, contending that the Air Force was directly liable for the dues arrearages. The arbitrator sustained the union's grievance and directed the Air Force to remit to the union the dues it failed to collect and remit. While the grievance proceedings were pending, the Air Force collected dues arrearages owed from the pay of 15 of the employees involved and remitted the amount collected to the union. At issue was the propriety of paying the union the remaining balance for the other 3 employees and whether the Air Force had an obligation to approve a second voucher representing refunds of amounts previously collected from the 15 employees. GAO stated that it had no jurisdiction to review the final arbitration award in favor of the union. Regarding the overpayment of salary and wages to the employees, GAO held that this issue was not an appropriate one for a GAO decision, because it involved questions concerning the implementation of an arbitration award. Accordingly, the voucher in favor of the union was returned for payment, and the second voucher which was prepared in favor of the employees was returned for further consideration.

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