Board of Contract Appeals

                 General Services Administration

                      Washington, D.C. 20405







                                        

                      _____________________



                         November 3, 2000

                      ______________________





                         GSBCA 15360-RELO





                  In the Matter of MYRA C. TATE





     Myra C. Tate, Alpharetta, GA, Claimant



     Judy Hughes, Travel Policy, Defense Finance and Accounting Service, Columbus,

OH, appearing for Department of Defense.



HYATT, Board Judge.



     Claimant, Myra C. Tate, transferred from Tampa, Florida to the Defense Contract

Management Command in Roswell, Georgia in March 1999.  Her claims for temporary

quarters subsistence expenses, in particular for the costs of meals, were denied by the

Defense Finance and Accounting Service (DFAS).  Claimant has requested that the Board

review the disallowance of the expenses claimed. 



     In reviewing the materials submitted by DFAS to explain its position, which included

a copy of a collective bargaining agreement, the Board noted that Ms. Tate appeared to be

a member of a union.  The Board then wrote to both the claimant and the agency asking for

clarification of whether Ms. Tate is in fact a union member.  In response, DFAS has

confirmed that claimant is a member of a bargaining unit.  Under the collective bargaining

agreement, there is a grievance process applicable to disagreements between the employee

and agency management concerning "personnel policies, practices and any other matters

affecting conditions of employment."  Relocation benefits are not included in the list of

matters expressly excluded from the grievance procedure.  [Foot # 1 ] 



     

****************** Footnote Begin **********

[Foot # 1 ]       Although claimant refers to an "appeal or grievance option," this option

relates only to allegations of discrimination or to challenges to actions resulting in removal

or reduction in grade.  

****************** Footnote End ************



On numerous occasions, the Board has recognized that if a claim concerning travel or

relocation expenses is subject to resolution under the terms of a grievance procedure

mandated within a collective bargaining agreement, we lack authority to settle the claim

using our administrative procedures unless the agreement explicitly and clearly excludes the

claim from its procedures.  Bernadette Hastak, GSBCA 13938-TRAV, et al., 97-2 BCA  

29,092; accord James M. Brewer, GSBCA 14936-RELO, 99-2 BCA   30,503; Gail Favela,

GSBCA 14727-TRAV, 99-2 BCA   30,432; see also Dunklebarger v. Merit Systems

Protection Board, 130 F.3d 1376 (Fed. Cir. 1997).  Under the collective bargaining

agreement, the grievance procedure is the exclusive avenue for redress available to claimant. 

The Board cannot resolve this matter.  Accordingly, this claim is dismissed.









                                        ____________________________

                                        CATHERINE B. HYATT

                                        Board Judge