B-156287, JULY 12, 1966, 46 COMP. GEN. 21

B-156287, JULY 12, 1966, 46 COMP. GEN. 21

UNIONS - FEDERAL SERVICE - EMPLOYEE EXPENSE REIMBURSEMENT. THE TRAVEL EXPENSES OF EMPLOYEE ORGANIZATION REPRESENTATIVES TO ATTEND EMPLOYEE-MANAGEMENT MEETINGS WHEN SUPPORTED BY A CERTIFICATION OF THE PRIMARY INTEREST OF THE UNITED STATES, ACCOMPANIED BY A BRIEF EXPLANATION OF THE BASIS FOR THE CERTIFICATION, PREPARED IN ACCORDANCE WITH PROPOSED GUIDELINES ESTABLISHING STANDARDS FOR THE REASONABLE AND UNIFORM EXERCISE OF DISCRETIONARY ADMINISTRATIVE AUTHORITY TO FULFILL THE OBJECTIVES CONTEMPLATED BY EXECUTIVE ORDER NO. 10988, WILL NOT BE QUESTIONED IN THE ABSENCE OF MISREPRESENTATION, BAD FAITH, OR ARBITRARY ACTION IN MAKING THE PRESCRIBED CERTIFICATION. MODIFIES 44 COMP. GEN. 617; 45 ID. 454; B- 156287, DATED SEPTEMBER 23, 1965.

TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, JULY 12, 1966:

IN YOUR LETTER OF JUNE 24, 1966, YOU POINT OUT THAT THE CIVIL SERVICE COMMISSION, IN THE DISCHARGE OF ITS RESPONSIBILITY UNDER SECTION 12 OF EXECUTIVE ORDER NO. 10988, IS CONTEMPLATING ISSUING THE FOLLOWING TECHNICAL GUIDELINES CONCERNING THE CONDITIONS UNDER WHICH IT WOULD BE PROPER FOR AGENCIES TO PAY THE TRAVEL EXPENSES OF EMPLOYEE ORGANIZATION REPRESENTATIVES:

I. ALL AGENCY AUTHORIZATIONS FOR THE PAYMENT OF TRAVEL EXPENSES TO EMPLOYEES SERVING AS EMPLOYEE ORGANIZATION REPRESENTATIVES TO ATTEND EMPLOYEE-MANAGEMENT MEETINGS SHOULD BE SUPPORTED BY A CERTIFICATION OF THE PRIMARY INTEREST OF THE UNITED STATES, ACCOMPANIED BY A BRIEF EXPLANATION OF THE BASIS FOR THE CERTIFICATION.

II. THE AGENCY HEAD IN MAKING SUCH CERTIFICATIONS BE GUIDED BY THE FOLLOWING STANDARDS:

1. TRAVEL EXPENSES SHOULD BE PAID FOR ACTIVITIES SUCH AS JOINT EMPLOYEE- MANAGEMENT COOPERATION COMMITTEES (FOR EXAMPLE, JOINT EFFORTS CONCERNING, BUT NOT LIMITED TO, PREVENTION OF ACCIDENTS, REDUCTION OF ABSENTEEISM, IMPROVING COMMUNICATIONS, INSURING EQUAL EMPLOYMENT OPPORTUNITY, AND MAINTAINING EMPLOYEE PRODUCTIVITY AND MORALE) WHEN THE ACTIVITY IS PRIMARILY IN THE INTEREST OF THE GOVERNMENT.

2. IN ACCORDANCE WITH THE PROVISION IN SECTION 9 OF THE EXECUTIVE ORDER, WHICH PROVIDES THAT INTERNAL EMPLOYEE ORGANIZATION BUSINESS BE CONDUCTED DURING NON-DUTY HOURS, TRAVEL EXPENSES SHOULD NOT BE PAID TO ATTEND EMPLOYEE ORGANIZATION MEETINGS, CONFERENCES, OR TRAINING SESSIONS.

3. AS A GENERAL PRACTICE, TRAVEL EXPENSES SHOULD NOT BE PAID TO ATTEND NEGOTIATION SESSIONS FOR THE PURPOSE OF NEGOTIATING AN AGREEMENT. WHEN CONSULTATION OR SPECIAL NEGOTIATION MEETINGS ARE CALLED BY THE AGENCY, THE AGENCY HAS THE LATITUDE TO PAY TRAVEL EXPENSES WHERE THE PARTICULAR CIRCUMSTANCES JUSTIFY THE PAYMENT. AN AGENCY, FOR EXAMPLE, MAY FIND THAT IT WOULD BE IN THE PRIMARY INTEREST OF THE GOVERNMENT TO HOLD A MEETING AT A SITE SELECTED BY THE AGENCY AND MORE ECONOMICAL TO PAY TRAVEL COSTS FOR THE EMPLOYEE ORGANIZATION REPRESENTATIVES THAN IT WOULD BE TO PAY TRAVEL COSTS FOR THE AGENCY REPRESENTATIVES.

4. THERE SHOULD BE NO PAYMENT OF OVERTIME COMPENSATION.

YOUR LETTER GOES ON TO SAY---

IF YOU CAN AGREE THAT CERTIFICATIONS IN ACCORDANCE WITH THE ABOVE STANDARDS WOULD NOT BE PROHIBITED BY THE PRIOR DECISIONS IN THIS AREA, THIS WOULD SERVE TO FACILITATE EMPLOYEE-MANAGEMENT RELATIONS IN THE EXECUTIVE BRANCH.

AT THE TIME OUR DECISIONS 44 COMP. GEN. 617; B-156287, SEPTEMBER 23, 1965; AND 45 COMP. GEN. 454, WHICH ARE REFERRED TO IN YOUR LETTER, WERE RENDERED THERE WAS NEITHER A STATUTORY PROVISION, EXECUTIVE ORDER, NOR REGULATION OR INSTRUCTION OF THE CIVIL SERVICE COMMISSION PRESCRIBING STANDARDS OR GUIDELINES FOR DETERMINING WHEN EXPENSES OF TRAVEL OF EMPLOYEE ORGANIZATION REPRESENTATIVES REASONABLY COULD BE REGARDED AS HAVING BEEN INCURRED PRIMARILY IN THE INTEREST OF THE UNITED STATES AND, THEREFORE, REIMBURSABLE FROM AGENCY FUNDS.

THE GUIDELINES YOU NOW PROPOSE TO ISSUE IN IMPLEMENTATION OF SECTION 12 OF THE EXECUTIVE ORDER ESTABLISH NECESSARY STANDARDS FOR A REASONABLE AND UNIFORM EXERCISE OF THE DISCRETIONARY ADMINISTRATIVE AUTHORITY YOU CONSIDER ESSENTIAL TO THE FULFILLMENT OF THE OBJECTIVE OF EMPLOYEE- MANAGEMENT COOPERATION AS CONTEMPLATED BY EXECUTIVE ORDER NO. 10988. THEREFORE, OTHERWISE PROPER PAYMENTS OF TRAVEL EXPENSES OF EMPLOYEE ORGANIZATION REPRESENTATIVES THAT ARE MADE IN ACCORDANCE WITH THOSE GUIDELINES AND SUPPORTED BY THE REQUIRED CERTIFICATION---AND ACCOMPANYING EXPLANATION---WILL NOT BE QUESTIONED BY OUR OFFICE IN THE ABSENCE OF MISREPRESENTATION, BAD FAITH OR ARBITRARY ACTION IN MAKING THE PRESCRIBED CERTIFICATION. OUR PRIOR DECISIONS IN THIS AREA, CITED ABOVE, ARE MODIFIED ACCORDINGLY.