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Pay & Leave Claim Decisions

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Office of the General Counsel

Date: [XXX]
Matter of: [XXX]
File Number: S9601272

OPM Contact: Joann Charleston

We have completed our review of a claim for pay retention and have determined that the Office of Personnel Management (OPM) cannot render a decision concerning this matter.

This claim was submitted by an employee of the Department of Transportation, Federal Aviation Administration. The record shows that the employee's previous position was at the [XXX]. He voluntarily requested reassignment to the [XXX]. The employee asserts that his salary should have been set at the step nearest his previous salary rate. The file further indicates that the employee is part of a unit covered by a Collective Bargaining Agreement.

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 collective bargaining agreement between the employee's agency and union, unless that matter is or was specifically excluded from the agreement's grievance procedure. This is because the courts have found that Congress intended that such a grievance procedure is to be the exclusive remedy for

Cecil E. Riggs, et al.,

B-222962.3, April 23, 1992.

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

[XXX]

Control Panel