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Office of the General Counsel
Date: May 4, 1999
Matter of: [xxx]
File Number: S003026
OPM Contact: Paul Britner
An employee claims compensatory time for hours worked from October 1991 through April 1993 that were denied by the agency. The Office of Personnel Management (OPM) may not issue a decision on the claim because it was subject to a negotiated grievance procedure.
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 grievance procedure is to be the exclusive remedy. See Cecil E. Riggs, et al., B-222962.3, April 23, 1992.
Accordingly, since the claim filed was subject to negotiated grievance procedure, we may not settle the claim.
This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant's right to bring an action in an appropriate United States Court.