Office of the General Counsel

S009370

Dear Mr.[xxx]:

We have completed our review of your claim for backpay and have determined that the Office of Personnel Management (OPM) will not render a decision concerning this matter.

The record shows that you have submitted a claim for backpay for standby tour duty performed as a Fire Protection Inspector. It is your contention that when you worked an eight hour day you were on standby time during your lunch break. Subsequently, you and other employees, an a union representative, met with the Installation Support Director, concerning the matter. The union agreed that the Fire Prevention personnel would work out lunch periods, so as the phone would be answered and that everyone would have an uninterrupted 30 minute lunch period.

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 employees agency and union, unless that matter is or was specifically excluded from the agreements grievance procedure. This is because the courts have found that Congress intended that such a grievance procedure is to 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 have filed is subject to negotiated grievance procedures, we decline to assert jurisdiction or issue a decision concerning this matter.

Sincerely,

Joann Charleston

Adjudicator

cc: [agency]