B-180021 L/M, MAR 26, 1980
Highlights
AUTHORIZED CERTIFYING AND DISBURSING OFFICERS: ATTACHED IS A COPY OF THE PROPOSED RULE WHICH WOULD AMEND GAO'S PROCEDURES GOVERNING REQUESTS FOR DECISIONS IN FEDERAL LABOR-MANAGEMENT RELATIONS MATTERS IN LIGHT OF THE PASSAGE OF TITLE VII OF THE CIVIL SERVICE REFORM ACT OF 1978. THE PROPOSED PROCEDURES WERE PUBLISHED IN THE FEDERAL REGISTER ON MARCH 24. WE WOULD APPRECIATE ANY COMMENTS THAT AGENCIES OR UNIONS MAY HAVE ON THE PROPOSED AMENDMENTS. 1980 WILL BE CONSIDERED. THE AMENDMENT IS NECESSARY BECAUSE OF THE ENACTMENT OF THE CIVIL SERVICE REFORM ACT OF 1978. DATE: COMMENTS WILL BE CONSIDERED IF RECEIVED NO LATER THAN MAY 2. THIS EXPANDED COVERAGE HAD BEEN SUGGESTED IN COMMENTS RECEIVED PRIOR TO PUBLICATION OF THE EXISTING RULE AND CONSIDERATION OF ITS ADOPTION WAS DEFERRED PENDING THIS OPPORTUNITY FOR NOTICE TO ALL AFFECTED PARTIES.
B-180021 L/M, MAR 26, 1980
OFFICE OF GENERAL COUNSEL SUBJECT: PROPOSED AMENDMENTS TO GAO'S PROCEDURES GOVERNING REQUESTS FOR DECISIONS ON FEDERAL LABOR-MANAGEMENT RELATIONS MATTERS
HEADS OF AGENCIES AND DEPARTMENTS, HEADS OF LABOR ORGANIZATIONS, AND AUTHORIZED CERTIFYING AND DISBURSING OFFICERS:
ATTACHED IS A COPY OF THE PROPOSED RULE WHICH WOULD AMEND GAO'S PROCEDURES GOVERNING REQUESTS FOR DECISIONS IN FEDERAL LABOR-MANAGEMENT RELATIONS MATTERS IN LIGHT OF THE PASSAGE OF TITLE VII OF THE CIVIL SERVICE REFORM ACT OF 1978. THE PROPOSED PROCEDURES WERE PUBLISHED IN THE FEDERAL REGISTER ON MARCH 24, 1980, AT PAGES 18940-41, VOLUME 45, NO. 58.
WE WOULD APPRECIATE ANY COMMENTS THAT AGENCIES OR UNIONS MAY HAVE ON THE PROPOSED AMENDMENTS. COMMENTS RECEIVED ON OR BEFORE MAY 2, 1980 WILL BE CONSIDERED.
BILLING CODE 1610-01
TITLE 4 - ACCOUNTS
CHAPTER 1 - GENERAL ACCOUNTING OFFICE
SUBCHAPTER A - GENERAL PROCEDURES
PART 21 - PROCEDURES FOR DECISIONS ON
APPROPRIATED FUND EXPENDITURES IN
FEDERAL LABOR-MANAGEMENT
RELATIONS PROGRAM
AGENCY: GENERAL ACCOUNTING OFFICE
ACTION: PROPOSED RULE
SUMMARY: THIS PROPOSED RULE WOULD AMEND GAO'S PROCEDURES GOVERNING REQUESTS FOR DECISIONS IN FEDERAL LABOR-MANAGEMENT MATTERS. THE AMENDMENT IS NECESSARY BECAUSE OF THE ENACTMENT OF THE CIVIL SERVICE REFORM ACT OF 1978, PUBLIC LAW 95-454. TITLE VII OF THAT ACT ESTABLISHED A STATUTORY FRAMEWORK FOR THE CONDUCT OF LABOR-MANAGEMENT RELATIONS IN THE FEDERAL GOVERNMENT AND CREATED A NEW AGENCY, THE FEDERAL LABOR RELATIONS AUTHORITY, TO ADMINISTER THE PROGRAM. THIS PROPOSED RULE RETAINS EXISTING PROCEDURES WHICH PROVIDE LABOR ORGANIZATIONS AND AGENCIES WITH ACCESS TO GAO, BUT DELETES REFERENCES TO OBSOLETE AGENCIES AND FUNCTIONS, AND PROVIDES FOR DEFERENCE TO THE JURISDICTION OF THE FEDERAL LABOR RELATIONS AUTHORITY WHERE APPROPRIATE.
DATE: COMMENTS WILL BE CONSIDERED IF RECEIVED NO LATER THAN MAY 2, 1980.
ADDRESSES: COMMENTS SHOULD BE ADDRESSED TO: ROBERT L. HIGGINS, ASSISTANT GENERAL COUNSEL, U. S. GENERAL ACCOUNTING OFFICE, WASHINGTON, D. C. 20548.
FOR FURTHER INFORMATION CONTACT: MARALYN G. BLATCH, ATTORNEY ADVISER, OFFICE OF THE GENERAL COUNSEL, U. S. GENERAL ACCOUNTING OFFICE, WASHINGTON, D. C. 20548, (202-275-6404).
SUPPLEMENTARY INFORMATION: SECTION 21.1 OF THE PROPOSED RULE COVERS REQUESTS FOR DECISIONS FROM AGENCIES AND LABOR ORGANIZATIONS PARTICIPATING IN THE LABOR-MANAGEMENT PROGRAM ESTABLISHED BY TITLE VII OF THE CIVIL SERVICE REFORM ACT, AS WELL AS REQUESTS FROM AGENCIES AND LABOR ORGANIZATIONS PARTICIPATING IN OTHER FEDERAL SECTOR LABOR MANAGEMENT PROGRAMS. THIS EXPANDED COVERAGE HAD BEEN SUGGESTED IN COMMENTS RECEIVED PRIOR TO PUBLICATION OF THE EXISTING RULE AND CONSIDERATION OF ITS ADOPTION WAS DEFERRED PENDING THIS OPPORTUNITY FOR NOTICE TO ALL AFFECTED PARTIES, AND THE OPPORTUNITY TO COMMENT. SEE, 43 F.R. 32395, JULY 27, 1978.
IN RECOGNITION OF THE ROLE OF THE FEDERAL LABOR RELATIONS AUTHORITY, THIS PROPOSED RULE AUTHORIZES DEFERENCE TO THE JURISDICTION OF THAT AGENCY. THUS, SECTION 21.3(D) OF THE PROPOSED RULE REQUIRES THE PARTIES TO GIVE NOTICE IF OTHER PROCEDURES HAVE BEEN INVOKED TO ADJUDICATE THE SAME OR SUBSTANTIALLY SIMILAR MATTER BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY OR ANY OTHER ADMINISTRATIVE BODY. SECTION 21.5(B) OF THE PROPOSED RULE EVIDENCES OUR INTENT TO REFUSE TO ISSUE A DECISION ON A MATTER WHICH IS MORE PROPERLY WITHIN THE JURISDICTION OF THE FEDERAL LABOR RELATIONS AUTHORITY. FOR EXAMPLE, THE COMPTROLLER GENERAL WILL NOT ISSUE A DECISION ON A MATTER WHICH IS THE SUBJECT OF AN ARBITRATION AWARD WHICH IS FINAL AND BINDING PURSUANT TO 5 U.S.C. SEC. 7122(A) AND (B). THUS, WHILE THE SCOPE OF THE PROPOSED RULE PERMITS AGENCIES AND LABOR ORGANIZATIONS TO SUBMIT MATTERS OF MUTUAL CONCERN TO GAO, THE COMPTROLLER GENERAL RETAINS DISCRETION UNDER SECTION 21.5(B) TO DECLINE TO ISSUE A DECISION.
ACCORDINGLY, IT IS PROPOSED TO AMEND 4 C.F.R. CHAPTER I, PART 21, TO READ AS FOLLOWS:
PART 21 - PROCEDURES FOR DECISIONS ON APPROPRIATED FUND EXPENDITURES WHICH ARE OF MUTUAL CONCERN TO AGENCIES AND LABOR ORGANIZATIONS
SEC.
21.1 PURPOSE AND SCOPE. 21.2 WHO MAY REQUEST A DECISION. 21.3 CONTENT OF REQUEST. 21.4 SERVICE. 21.5 CONSIDERATIONS GOVERNING THE ISSUANCE OF A DECISION. 21.6 JOINT REQUESTS FOR DECISIONS. 21.7 DISTRIBUTION OF DECISIONS.
AUTHORITY: SEC. 8, 28 STAT. 207, AS AMENDED (31 U.S.C. 74); SEC. 3, 55 STAT. 876 (31 U.S.C. 82D).
SEC. 21.1 PURPOSE AND SCOPE.
THIS PART SETS FORTH THE PROCEDURES UNDER WHICH THE GENERAL ACCOUNTING OFFICE WILL RENDER DECISIONS CONCERNING THE LEGALITY OF APPROPRIATED FUND EXPENDITURES ON MATTERS WHICH ARE OF MUTUAL CONCERN TO AGENCY REPRESENTATIVES AND LABOR ORGANIZATIONS PARTICIPATING IN THE LABOR- MANAGEMENT PROGRAM ESTABLISHED PURSUANT TO CHAPTER 71 OF TITLE V, U.S.C. AND OTHER FEDERAL SECTOR LABOR-MANAGEMENT PROGRAMS.
SEC. 21.2 WHO MAY REQUEST A DECISION.
HEADS OF FEDERAL AGENCIES AND DEPARTMENTS (OR THEIR DESIGNEES), HEADS OF LABOR ORGANIZATIONS REPRESENTING FEDERAL EMPLOYEES (OR THEIR DESIGNEES), AUTHORIZED CERTIFYING OFFICERS, AND DISBURSING OFFICERS MAY REQUEST A DECISION UNDER THIS PART.
SEC. 21.3 CONTENTS OF REQUEST.
A REQUEST FOR A DECISION SHALL BE IN WRITING, DATED, SIGNED BY THE REQUESTER, ADDRESSED TO THE COMPTROLLER GENERAL OF THE UNITED STATES, GENERAL ACCOUNTING OFFICE, WASHINGTON, D. C. 20548, AND CONTAIN AS APPLICABLE:
(A) THE NAME AND ADDRESS OF THE PARTY REQUESTING THE DECISION;
(B) A STATEMENT OF THE QUESTION TO BE DECIDED, A PRESENTATION OF ALL RELEVANT FACTS INVOLVED, AND A STATEMENT OF THE PARTY'S ARGUMENT;
(C) COPIES OF ALL PERTINENT RECORDS AND SUPPORTING DOCUMENTS;
(D) NOTIFICATION AS TO WHETHER ANY OTHER PROCEDURE HAS BEEN INVOKED TO ADJUDICATE THE SAME OR SUBSTANTIALLY SIMILAR MATTER BEFORE THE FEDERAL LABOR RELATIONS AUTHORITY OR OTHER ADMINISTRATIVE BODY; AND
(E) A POWER OF ATTORNEY IF REQUIRED BY 4 C.F.R. SEC. 1.3.
SEC. 21.4 SERVICE.
(A) ANY PERSON REQUESTING A DECISION UNDER THIS PART IS RESPONSIBLE FOR PROMPTLY FORWARDING A COPY OF THE REQUEST AND SUPPORTING DOCUMENTS TO ALL KNOWN INTERESTED PARTIES. SERVICE SHALL BE MADE BY REGISTERED OR CERTIFIED MAIL OR IN PERSON. WHEN SERVICE IS BY MAIL, THE DATE OF SERVICE SHALL BE THE DATE WHEN THE DOCUMENT SERVED IS DEPOSITED IN THE UNITED STATES MAIL.
(B) A SIGNED AND DATED STATEMENT OF SERVICE SHALL BE SUBMITTED ALONG WITH THE REQUEST AND INDICATE THE NAMES OF THE PARTIES AND PERSONS SERVED, THEIR ADDRESSES, THE DATE OF SERVICE, THE NATURE OF THE DOCUMENT SERVED, AND THE MANNER IN WHICH SERVICE WAS MADE.
(C) ANY PARTY SERVED OR ANY OTHER PERSON MAY SUBMIT A WRITTEN RESPONSE TO THE REQUEST FOR DECISION OR MAY SUBMIT WRITTEN COMMENTS TO THE COMPTROLLER GENERAL OF THE UNITED STATES, GENERAL ACCOUNTING OFFICE, WASHINGTON, D. C. 20548. ANY SUCH RESPONSE OR COMMENTS SHOULD BE SUBMITTED WITHIN 20 CALENDAR DAYS AFTER THE DATE OF THE REQUEST IN ORDER TO ENSURE THAT IT WILL BE CONSIDERED. COPIES OF WRITTEN RESPONSES AND WRITTEN COMMENTS SHALL BE PROMPTLY FORWARDED TO ALL KNOWN INTERESTED PARTIES IN THE MANNER PRESCRIBED IN PARAGRAPHS (A) AND (B) OF THIS SECTION.
SEC. 21.5 CONSIDERATIONS GOVERNING THE ISSUANCE OF A DECISION.
(A) DECISIONS UNDER THIS PART WILL BE ISSUED AS EXPEDITIOUSLY AS POSSIBLE, NORMALLY WITHIN 60 CALENDAR DAYS OF RESPONSES RECEIVED PURSUANT TO SEC. 21.4(C). WHERE A DELAY IS ANTICIPATED IN THE ISSUANCE OF A DECISION, INTERESTED PARTIES WILL BE NOTIFIED AND PROVIDED WITH A TENTATIVE DATE FOR ISSUANCE OF THE DECISION.
(B) THE COMPTROLLER GENERAL MAY REFUSE TO ISSUE A DECISION ON A MATTER THAT IS THE SUBJECT OF A PROCEEDING BEFORE A COURT OR ADMINISTRATIVE BODY OF COMPETENT JURISDICTION, ON A MATTER WHICH IS UNDULY SPECULATIVE, OR OTHERWISE NOT APPROPRIATE FOR DECISION.
SEC. 21.6 JOINT REQUESTS FOR DECISIONS.
IN AN EFFORT TO REDUCE THE AMOUNT OF TIME REQUIRED FOR THE DECISION MAKING PROCESS, AGENCIES AND LABOR ORGANIZATIONS ARE ENCOURAGED TO SUBMIT JOINT REQUESTS FOR DECISIONS ON MATTERS WHERE BOTH PARTIES AGREE ON OR CAN STIPULATE TO THE FACTS AND THE ONLY QUESTION THAT REMAINS TO BE RESOLVED IS THE LEGALITY OF THE EXPENDITURE.
SEC. 21.7 DISTRIBUTION OF DECISIONS.
(A) A COPY OF A DECISION OF THE COMPTROLLER GENERAL WILL BE FORWARDED TO THE REQUESTER AND TO ALL OTHER INTERESTED PARTIES OF RECORD.
(B) ANY PERSON INTERESTED IN RECEIVING COPIES OF DECISIONS ISSUED UNDER THIS PART MAY BE PLACED ON THE DISTRIBUTION LIST MAINTAINED FOR THAT PURPOSE. REQUESTS SHOULD BE DIRECTED TO THE CHIEF, LEGAL INFORMATION AND REFERENCE SERVICES, U. S. GENERAL ACCOUNTING OFFICE, WASHINGTON, D. C. 20548.