B-249480 October 15, 1992

B-249480 October 15, 1992

CIVILIAN PERSONNEL Leaves Of Absence Military leave Charging CIVILIAN PERSONNEL Leaves Of Absence Military leave Substitution Leave-without-pay Where military leave was erroneously charged for a Reservist's inactive duty training, the Reservist may choose to have leave-without-pay rather than annual leave substituted for the military leave. However, such substitution would require collection of the pay the employee received for the leave period. CIVILIAN PERSONNEL Compensation Arbitration decisions GAO review GAO will not take jurisdiction of a claim where the claimant is subject to a collective bargaining agreement with grievance procedures covering the claim. The claim will be returned to the claimant for processing under the grievance procedures. Cecil E. Riggs, et al., 71 Comp.Gen. 374 (1992).

Mr. Paul H. Bringhurst General Delivery Millington, TN 38053

Dear Mr. Bringhurst:

This responds to your June 5, 1992, request that your leave record be amended to charge leave-without-pay (LWOP) rather than annual leave for two periods of inactive duty training that were involved in our Claims Group's review of your leave during the period from June 1987 to July 1989. Settlement Certificate Z-2866576, July 2, 1991. By your letter of October 1, 1991, and June 4, 1992, you also request a new audit of your leave for the period from December 1990 to June 1992.

Concerning your request to substitute LWOP for annual leave to cover two periods of inactive duty training (June 15-17, 1988, and July 5, 8, and 9, 1989), the action directed in the settlement resulted from how your service as a Reserve of the United States Air Force affected your accumulation and use of your military leave and annual leave in your civilian agency, the Bureau of Prisons. Since the two periods of inactive duty training were initially erroneously charged to military leave, the correction in the settlement of July 2, 1991, had to charge either your annual leave account or charge you LWOP for the training periods. It was recognized that either annual leave or LWOP could be charged for periods of military duty for which military leave is not available. Since you have now indicated your preference for having LWOP changed for the two inactive duty training periods, we have no objection to that change. However, you should be aware that if the agency substitutes LWOP for the annual leave for which you have already been paid, it will be required to collect that pay from you.

Concerning your October 1, 1991, and June 4, 1992, requests for a review of your leave account for the period from December 1990 to June 1992, we decline to conduct this review. Although it appears that similar questions would be involved in this new review as were answered in the settlement of July 2, 1991, involving the review of the prior period, our Office has announced a new policy since the date of the settlement regarding claims of federal employees who are covered by a negotiated collective bargaining agreement. That policy as stated in Cecil E. Riggs, et al., 71 Comp.Gen. 374 (1992), copy enclosed, follows the rationale of several court decisions construing 5 U.S.C. Sec. 7121(a) to make the collective bargaining grievance procedures the exclusive means for resolving disputes falling within their coverage. Thus, the General Accounting Office will no longer accept claims from federal employees subject to a collective bargaining agreement with a negotiated grievance procedure covering such claims.

Your request of June 4, 1992, for a new audit of your leave account includes information indicating that you are subject to collective bargaining grievance procedures which would cover the issues you raise. Therefore, we decline to take jurisdiction of this matter. We are returning the material that accompanied your request of June 4 so that you may use them in pursuing the matter under the negotiated grievance procedure, should you choose to do so.