________________________________________ January 27, 1998 ________________________________________ GSBCA 13925-TRAV In the Matter of LARRY D. MORRILL Larry D. Morrill, Blythe, CA, Claimant. Brenda Barker, Travel Section, Bureau of Reclamation, Department of the Interior, Denver, CO, appearing for Department of the Interior. BORWICK, Board Judge. Claimant, Larry Morrill, seeks mileage reimbursement for use of a privately owned vehicle and subsistence expenses incurred on official business travel from Yuma, Arizona to Blythe, California during his employment with the Department of Interior (DOI). According to his claim letter dated December 11, 1995, submitted to the General Accounting Office[foot #] 1, claimant seeks $6,629.44 in costs incurred from February 1991 to November ----------- FOOTNOTE BEGINS --------- 1[foot #] Claimant filed a claim with the General Accounting Office. Congress transferred administrative responsibility for claims settlement functions set forth in 31 U.S.C. 3702 to the Director of the Office of Management and Budget (OMB). Legislative Branch Appropriations Act, 1996, Pub. L. No. 104-53, 211(a), 109 Stat. 514, 535 (1995). The Director of OMB delegated certain of these functions to the Administrator of General Services, who has redelegated the settlement functions pertaining to travel and relocation expense claims to the General Services Administration Board of Contract Appeals. The authority to settle these claims has more recently been vested by statute in the Administrator of General Services. General Accounting Office Act of 1996, Pub. L. No. 104-316, 202(n), 110 Stat. 3826, 3843 (1996). ----------- FOOTNOTE ENDS ----------- 1992, for alleged agency violations of the Federal Travel Regula- tion (FTR). For the reasons below, we dismiss the claim for lack of jurisdiction. Claimant is currently employed in a bargaining unit repre- sented by the National Association of Government Employees (NAGE), Local R14-143. Effective September 3, 1993, NAGE Local R14-143 and DOI entered into a collective bargaining agreement, which DOI has submitted to the Board. The collective bargaining agreement sets forth a grievance procedure applicable to "any claimed violation, misinterpretation, or misapplication of any law, rule, or regulation affecting conditions of employment." The collective bargaining agreement does not exclude from the grievance procedure claims arising under the Federal Travel Regulation. The collective bargaining agreement specifies a three-step grievance procedure with time frames for each step of the griev- ance up through and including review by the project manager. Should the grievance procedure fail, the grievance may be submit- ted to binding arbitration. In Carter v. Gibbs, 909 F.2d 1452 (Fed. Cir. 1990), the Court held that the Civil Service Reform Act made the procedures set forth in a collective bargaining agreement the exclusive procedure for grievances falling within its coverage. Federal employees who were subject to the collective bargaining agreement thereby lost the right to sue directly in federal court. Id. at 1456; see 5 U.S.C. 7121(a)(1) (1994). Similarly, we have held that if a claim can be resolved by using a collective bargaining agreement's grievance procedure, this Board lacks the authority to settle the claim using our administrative procedures unless the agreement explicitly and unambiguously excludes the disputed matter from its procedures. Brian S. Brame, GSBCA 14333-TRAV (Jan. 7, 1998); Bernadette Hastak, GSBCA 13938-TRAV, et. al., 97- 2 BCA 29,091. Claimant maintains that he is not subject to the grievance procedures of the collective bargaining agreement because the claims arose before the effective date of the agreement. The congressional intent in enacting the Civil Service Reform Act was to favor grievance and arbitration procedures. See Albright v. United States, 10 F.3d 790, 793 (Fed. Cir. 1993) (Civil Service Reform Act applied retroactively to all claims not administra- tively pending on the effective date of the Act). Since the collective bargaining agreement does not specifically exclude grievable matters arising before the agreement's effective date, we conclude that the grievance procedure in the agreement and the exclusivity provisions of the Civil Service Reform Act apply as well. This claim is dismissed. __________________________ ANTHONY S. BORWICK Board Judge