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Claim for Backpay and Temporary Quarters Subsistence

B-199998 Feb 26, 1982
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Highlights

A claim was presented for retroactive temporary backpay arising under a provision of a negotiated agreement concluded by the Social Security Administration (SSA) and the American Federation of Government Employees. Since both parties to the negotiated agreement have been provided with copies of the claimant's submission and neither party has objected to the GAO consideration of the claim, the submission was considered a joint submission. SSA has included a reclaim voucher filed by the claimant for certain temporary quarters subsistence expenses. The claimant was informally detailed to a higher position. She claims the higher position salary for the entire period of the detail under the agreement. The agency countered with another provision from the contract. The agency denied her claim, reasoning that the position to which she was temporarily detailed was not in the bargaining unit. According to the agency, supervisory positions were covered by the agency's promotion plan. Since her detail to the other position was less than 60 days, the claim was denied. The claimant's travel voucher reflected that she occupied temporary quarters in a monthly rental apartment. The agency denied the claim for the full amount because the quarters were shared with another SSA employee. GAO held that contract interpretation is customarily adjudicated solely under grievance-arbitration provisions and is therefore not appropriate for resolution by GAO. Claims involving matters of mutual concern to agencies and labor organizations submitted under applicable legislation are considered joint submissions when both parties to the agreement have notice of the submission and neither party objects to GAO considering the claim. The full amount of the claim is allowable because the employee incurred the expense and no evidence established that the second person increased the rental cost or that the amount claimed was unreasonable. Accordingly, GAO had no jurisdiction over the backpay claim, but the other claim was allowable.

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