B-203708,(HID),L/M, JUL 28, 1981, OFFICE OF GENERAL COUNSEL

B-203708,(HID),L/M: Jul 28, 1981

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EMPLOYEE HAD GRIEVED THE QUESTION AND ARBITRATION HEARING WAS HELD. SINCE MATTER IS IN ARBITRATION AND CLAIMANT OBJECTED TO AGENCY REQUEST THAT COMPTROLLER GENERAL ISSUE A DECISION. DECISION WILL NOT BE ISSUED. WE HAVE BEEN ADVISED BY THE NATIONAL TREASURY EMPLOYEES UNION THAT THIS QUESTION WAS GRIEVED AND THE GRIEVANCE PROCEDURE HAS PROGRESSED THROUGH AN ARBITRATION HEARING. WHICH WAS HELD ON JUNE 18. SINCE THIS MATTER IS IN ARBITRATION.

B-203708,(HID),L/M, JUL 28, 1981, OFFICE OF GENERAL COUNSEL

DIGEST: INTERNAL REVENUE SERVICE REQUESTED DECISION CONCERNING RELOCATION ALLOWANCE EXPENSE INCURRED BY EMPLOYEE INCIDENT TO PERMANENT CHANGE OF DUTY STATION. EMPLOYEE HAD GRIEVED THE QUESTION AND ARBITRATION HEARING WAS HELD. SINCE MATTER IS IN ARBITRATION AND CLAIMANT OBJECTED TO AGENCY REQUEST THAT COMPTROLLER GENERAL ISSUE A DECISION, DECISION WILL NOT BE ISSUED. SEE 4 CFR 21.7.

MR. J. F. PIVONKA, REGIONAL FISCAL MANAGEMENT OFFICER:

WE REFER TO YOUR LETTER TO THE ACTING COMPTROLLER GENERAL DATED JUNE 2, 1981, REQUESTING A DECISION WITH REGARD TO THE REIMBURSEMENT OF RELOCATION ALLOWANCE EXPENSES INCURRED BY MR. R. HOOTEN INCIDENT TO HIS PERMANENT CHANGE OF DUTY STATION.

WE HAVE BEEN ADVISED BY THE NATIONAL TREASURY EMPLOYEES UNION THAT THIS QUESTION WAS GRIEVED AND THE GRIEVANCE PROCEDURE HAS PROGRESSED THROUGH AN ARBITRATION HEARING, WHICH WAS HELD ON JUNE 18, 1981. THIS HAS BEEN CONFIRMED BY MR. AL LARSON OF YOUR REGIONAL COUNSEL'S OFFICE.

THEREFORE, SINCE THIS MATTER IS IN ARBITRATION, AND THE CLAIMANT, THROUGH HIS UNION REPRESENTATIVE, HAS OBJECTED TO THE REQUEST THAT THE COMPTROLLER GENERAL ISSUE A DECISION, WE SHALL NOT DO SO AT THIS TIME. SEE 4 CFR 21.7.