Office of the General Counsel
File Number: 9903139
[claimant's name and address]
Re: File No. S003139
Dear [claimant]:
This will acknowledge your letter dated April 10, 2000, which
requests the name and address of the federal agency which has
authority to determine whether your claim for back pay is
specifically excluded from the negotiated grievance procedure of
the collective bargaining agreement between the [agency] and the
National Federation of Federal Employees (NFFE), Local [#]. As you
know, by letter dated November 12, 1999, [agency] advised the
Office of Personnel Management (OPM) that your back pay claim was
subject to the negotiated grievance procedure in the agreement.
It would appear that your administrative appeals would be
limited to filing a grievance under your negotiated grievance
procedure. If the matter is eventually taken to arbitration, an
arbitrator will resolve questions of arbitrability. Exceptions to
an arbitrator's award may be filed with the Federal Labor Relations
Authority by either management or the union. See U.S.
Department of the Treasury, Internal Revenue Service, Salt Lake
City, Utah, and National Treeasury Employees Union, Chapter
17, 36 FLRA 278 (1990).
If you believe that your position is not properly classified you
may request a classification decision by contacting the [agency]
personnel office or by writing to Classification and Appeals, U.S.
Office of Personnel Management, 230 S. Dearborn Streeet,
30th Floor, Chicago, IL 60604.
As requested, we are returning the material that you submitted
to OPM in support of your claim. I hope that this information will
be of some assistance to you.
Sincerely,
Murray M. Meeker
Senior Attorney
Enclosures