B-205979 L/M, MAR 9, 1982, OFFICE OF GENERAL COUNSEL

B-205979 L/M: Mar 9, 1982

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CLAIMS WERE SUBJECT OF ARBITRATION DECISION WHICH WAS SUSTAINED BY FEDERAL LABOR RELATIONS AUTHORITY. ARBITRATION AWARDS WHICH ARE FINAL AND BINDING WILL NOT BE REVIEWED BY OUR OFFICE. WE HAVE HELD THAT IN THE ABSENCE OF OFFICIAL RECORDS. BUREAU OF LAND MANAGEMENT: THIS IS IN RESPONSE TO YOUR LETTER OF DECEMBER 30. WHO ARE MEMBERS OF THE BARGAINING UNIT OF LOCAL 1911 OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES. WAS FAVORABLE TO THE EMPLOYEES. YOUR LETTER REQUESTS OUR DECISION AS TO WHETHER THE AWARD CONFLICTS WITH APPLICABLE LAW AND REGULATIONS AND WHAT EVIDENCE IS NECESSARY TO SUPPORT INDIVIDUAL CLAIMS. WE HAVE HELD THAT WE WILL NOT REVIEW OR COMMENT ON THE MERITS OF AN ARBITRATION AWARD WHICH IS FINAL AND BINDING PURSUANT TO 5 U.S.C.

B-205979 L/M, MAR 9, 1982, OFFICE OF GENERAL COUNSEL

DIGEST: BUREAU OF LAND MANAGEMENT REQUESTS DECISION ON PROPRIETY OF PAYING CLAIMS FOR OVERTIME TO EMPLOYEES WHO TRAVELED AS PASSENGERS IN GOVERNMENT VEHICLES. CLAIMS WERE SUBJECT OF ARBITRATION DECISION WHICH WAS SUSTAINED BY FEDERAL LABOR RELATIONS AUTHORITY. ARBITRATION AWARDS WHICH ARE FINAL AND BINDING WILL NOT BE REVIEWED BY OUR OFFICE. AS TO QUESTION OF ACCEPTABLE EVIDENCE TO DOCUMENT CLAIMS, WE HAVE HELD THAT IN THE ABSENCE OF OFFICIAL RECORDS, UNOFFICIAL WORK SCHEDULES, ATTENDANCE REPORTS, DIARIES, ETC. MAY BE SUFFICIENT TO SUPPORT A CLAIM.

MR. JERRY A. FRIES, BUREAU OF LAND MANAGEMENT:

THIS IS IN RESPONSE TO YOUR LETTER OF DECEMBER 30, 1981, REFERENCE 1344.2(822), CONCERNING THE PAYMENT OF CLAIMS FOR OVERTIME COMPENSATION TO CERTAIN EMPLOYEES WHO TRAVELED AS PASSENGERS IN GOVERNMENT VEHICLES.

THE EMPLOYEES, WHO ARE MEMBERS OF THE BARGAINING UNIT OF LOCAL 1911 OF THE NATIONAL FEDERATION OF FEDERAL EMPLOYEES, SUBMITTED THEIR GRIEVANCE FOR OVERTIME COMPENSATION TO ARBITRATION. THE ARBITRATOR'S AWARD DATED DECEMBER 5, 1979, WAS FAVORABLE TO THE EMPLOYEES, AND THE AGENCY APPEALED TO THE FEDERAL LABOR RELATIONS AUTHORITY. THE AUTHORITY, BY DECISION DATED AUGUST 12, 1981, SUSTAINED THE ARBITRATOR'S AWARD.

YOUR LETTER REQUESTS OUR DECISION AS TO WHETHER THE AWARD CONFLICTS WITH APPLICABLE LAW AND REGULATIONS AND WHAT EVIDENCE IS NECESSARY TO SUPPORT INDIVIDUAL CLAIMS.

WE HAVE HELD THAT WE WILL NOT REVIEW OR COMMENT ON THE MERITS OF AN ARBITRATION AWARD WHICH IS FINAL AND BINDING PURSUANT TO 5 U.S.C. SEC. 7122(A) OR (B). GERALD M. HEGARTY, B-202105, JULY 7, 1981 (60 COMP.GEN. ); 4 C.F.R. SEC. 22.7(A). THEREFORE, WE WILL NOT COMMENT ON THE MERITS OF THE ARBITRATION AWARD IN THIS CASE.

AS TO YOUR SECOND QUESTION REGARDING ACCEPTABLE EVIDENCE TO DOCUMENT THESE CLAIMS, WE HAVE HELD THAT, IN THE ABSENCE OF OFFICIAL RECORDS, SUCH EVIDENCE AS UNOFFICIAL WORK SCHEDULES, UNOFFICIAL TIME AND ATTENDANCE RECORDS, PERSONAL DIARIES, AND CERTIFICATES OF FORMER SUPERVISORS ARE EXAMPLES OF SUPPORTING EVIDENCE SUFFICIENT TO SUPPORT A CLAIM FOR OVERTIME COMPENSATION. SEE DEWAYNE E. EHRET, B-199129, MARCH 5, 1981.

FINALLY, WE NOTE THAT THESE CLAIMS FOR OVERTIME FIRST ACCRUED IN JUNE 1976. IN VIEW OF THE 6-YEAR STATUTE OF LIMITATIONS ON CLAIMS AGAINST THE UNITED STATES (31 U.S.C. SEC. 71A), WE SUGGEST THAT THE CLAIMS BE SUBMITTED TO OUR CLAIMS GROUP FOR RECORDING PURSUANT TO 4 C.F.R. PART 31 SO AS TO TOLL THE STATUTE OF LIMITATIONS.

WE TRUST THAT THIS INFORMATION IS OF ASSISTANCE TO YOU.

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