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Pay & Leave Claim Decisions

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Office of the General Counsel

S010610

Dear Mr.[xxx]:

We refer to your request that we review your claim for retroactive Environmental Differential Pay (EDP).

The record shows that on May 25, 1992, the [name], formally requested negotiations with the [agency] to settle the retroactive differential pay claims of current and former members of the bargaining unit exposed to hazardous levels of friable asbestos. Subsequently, you were paid a lesser amount of EDP than claimed, you now request payment of the additional amount.

Our Office cannot take jurisdiction over the claim of a Federal employee on a matter that is subject to the negotiated grievance procedure under a bargaining agreement between the employees agency and union, unless that matter was specifically excluded from the agreements grievance procedure. This is because the courts have found that Congress intended that such a grievance procedure would be the exclusive remedy for matters not excluded from the grievance process. Cecil E. Riggs, et al., B-222962.3, April 23, 1992.

Accordingly, since the claim you filed is subject to negotiated grievance procedures, we decline to assert jurisdiction or issue a decision concerning this matter.

Sincerely,

Joann Charleston
Adjudicator

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