[ v13 p23 ]
13:0023(4)NG
The decision of the Authority follows:
13 FLRA No. 4
NATIONAL FEDERATION OF
FEDERAL EMPLOYEES, LOCAL 29
Union
and
U.S. ARMY ENGINEER DISTRICT,
KANSAS CITY, MISSOURI
Agency
Case No. O-NG-597
DECISION AND ORDER ON NEGOTIABILITY ISSUES
The petition for review in this case comes before the Authority
pursuant to section 7105(a)(2)(E) of the Federal Service
Labor-Management Relations Statute (the Statute) and presents issues
relating to the negotiability of the following Union proposal: /1/
Reimbursement of travel expenses will be received by the
employee within 15 calendar days after the travel voucher is
submitted. When the employee has not received reimbursement
within this time frame, the employer will pay the employee
interest on monies owed the employee at the current prime interest
rate; plus any interest charges the employee may have incurred by
the use of his/her personal credit or charge card or accounts;
from the date the voucher was submitted. (Only the underscored
portion is in dispute.)
The proposal has two requirements. First, when an employee has not
been reimbursed for travel expenses within an established time frame,
the employee would be paid interest on the amount owed him/her at the
current prime interest rate. Second, the employee would also be
reimbursed for any interest charges incurred through the employee's use
of personal credit resources to cover travel expenses. The Agency
generally contends that there is no statutory basis for the payment of
interest such as proposed by the Union, and the Union responds that no
statute or regulation forbids the payment of such interest.
Contrary to the Union, the Authority finds that the proposal is
inconsistent with applicable Federal law and Government-wide regulation.
Specifically, the payment of travel expenses is addressed by 5 U.S.C.
5701-5709. Among other things, those provisions establish, with certain
exceptions not relevant hereto, that "only actual and necessary travel
expenses may be allowed," /2/ and authorize the Administrator of General
Services to prescribe implementing regulations. /3/ The regulations so
prescribed are published in the GSA publication "Federal Travel
Regulations" which are incorporated into the Federal Property Management
Regulations (FPMR) and apply generally to official travel of civilian
employees of Government agencies. /4/ Therefore, the Federal Travel
Regulations constitute a Government-wide rule or regulation within the
meaning of section 7117(a)(1) of the Statute. National Treasury
Employees Union, Chapter 6 and Internal Revenue Service, New Orleans,
District, 3 FLRA 748, 754 (1980). The Federal Travel Regulations
relevantly provide that:
Traveling expenses which will be reimbursed are confined to
those expenses essential to the transacting of official business.
/5/
Additionally, they provide that:
Employees traveling on official business shall provide
themselves with funds for all current expenses. However,
transportation request forms and travel advances as authorized by
1-10.2 and 1-10.3, respectively, should be used to reduce the need
for travelers to use their own money. /6/
Insofar as the proposal's first requirement is concerned, it seeks to
impose what is tantamount to an interest penalty. Such interest penalty
cannot be construed to be an expense directly related to the conduct of
official business. Therefore, it cannot be concluded that it is an
"actual and necessary" travel expense as contemplated by the terms of 5
U.S.C. 5706 or one that is "essential to the transacting of official
business" within the meaning of the Federal Travel Regulations.
Similarly, neither can the second requirement of the proposal, i.e., the
reimbursement of employees for interest expenses, be construed as an
"actual and necessary" expense or one which is "essential to the
transacting of official business." In this regard, given the fact that
employees are required to provide themselves with funds for their travel
expenses, it cannot be said that interest charges on unpaid balances or
otherwise incurred through use of personal credit resources are actual
and necessary or essential to the transacting of official business as
opposed to being in the nature of personal expenses. The fact that an
employee would not have incurred an expense but for the performance of
official business does not render an expense "actual and necessary" or
"essential to the transacting of official business." Thus an interest
expense such as that encompassed by the second portion of the proposal
does not meet the definition of an expense which may be reimbursed under
the Federal Travel Regulations /7/ or 5 U.S.C. 5701-5709.
Based on the foregoing, the Authority finds that the proposal
conflicts with law and Government-wide regulation. /8/
Accordingly, pursuant to section 2424.10 of the Authority's Rules and
Regulations, IT IS ORDERED that the Union's petition for review be, and
it hereby is, dismissed. Issued, Washington, D.C., September 15, 1983.
Barbara J. Mahone, Chairman
Ronald W. Haughton, Member
Henry B. Frazier III, Member
FEDERAL LABOR RELATIONS AUTHORITY
--------------- FOOTNOTES$ ---------------
/1/ The Agency's assertion that the petition for review was untimely
filed cannot be sustained. The record is that the petition was filed
within the time frame established by sections 2424.3 and 2429.22 of the
Authority's Rules and Regulations.
/2/ 5 U.S.C. 5706.
/3/ 5 U.S.C. 5707.
/4/ FPMR 101-7, Chapter 1 (1-1.2.).
/5/ FPMR 101-7, Chapter 1 (1-1.3.b.).
/6/ FPMR 101-7, Chapter 1 (1-10.1.).
/7/ Accord, Unpublished decision of the Comptroller General B-197950,
September 30, 1980 and cases cited therein; Unpublished decision of the
Comptroller General B-176543, August 30, 1972.
/8/ In view of this determination, the Authority finds it unnecessary
to address the Agency's contention that it would be proscribed from
paying the interest proposed based on the absence of provision for such
in statute or a legal and proper contract.