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[USDA Implementation of Grievance Examiner's Award]

B-206105 Dec 08, 1982
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Highlights

An authorized certifying officer of the Department of Agriculture's National Finance Center requested a review of a grievance examiner's recommended award in an agency grievance filed by a former Forest Service (FS) employee. The employee had filed a claim for retroactive per diem and mileage payments for a 3-year period during which he had an annual 6-month tour of duty at a seasonal site. The agency had routinely changed his official duty station each season, authorizing payment for one trip in and out of his official duty area. However, the agency did not process any change of official duty station during the years in question. The employee alleged that these moves placed a financial hardship on him and contended that he should have been considered in a travel status while at the seasonal site, since his official duty station was not changed. He claimed an entitlement to per diem, including travel from and to his official station while at his summer work station. FS stated that, in fact, the employee had dual official stations and was not entitled to per diem at either station. The grievance examiner determined that the employee was in a temporary duty status and, therefore, entitled to per diem according to FS regulations. GAO agreed with the final grievance decision, concluding that the employee's periods of seasonal duty were long-term temporary assignments. GAO stated that a reduced per diem was specified by department regulations, because housing and utilities were provided at the temporary station. GAO also held that authorized payment in this case did not include interest on the employee's travel claim. Finally, GAO limited payment on this claim to the time periods which fell within the 6-year statutory limitation on claims presented to GAO. Accordingly, the recommended award was in part confirmed and in part denied.

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