[Request for Review of Customs Overtime Compensation Determination]

A National Treasury Employees Union representative requested that GAO review a U.S. Customs Service determination which denied the overtime claims of 46 Customs inspectors. The claims were based on an arbitrator's decision concerning overtime entitlements of a small group of inspectors. The arbitrator found that the agency was violating a negotiated labor-management agreement and certain provisions of the Customs Manual Supplement, and he awarded backpay to the aggrieved members. It was due to this finding that the union submitted additional claims to the agency on behalf of other Customs employees. Customs denied these claims, stating that the arbitration award was limited to the employees listed in the arbitrator's decision. GAO stated that it will issue a decision on a matter which is subject to a negotiated grievance procedure only upon the joint request of an agency and a labor organization. In this case, since Customs objected to GAO consideration, GAO stated that it would not take jurisdiction over the claim submitted by the union.