Board of Contract Appeals General Services Administration Washington, D.C. 20405 ____________________________ May 13, 1999 ____________________________ GSBCA 14727-TRAV In the Matter of GAIL FAVELA Gail Favela, Lynwood, WA, Claimant. Jaime M. O'Leary, Area Director 1, Social Security Administration, Seattle, WA, appearing for Social Security Administration. HYATT, Board Judge. Claimant, Gail Favela, is an employee of the Social Security Administration (SSA) in Seattle, Washington. She is an infrequent traveler who, upon being informed that she had been selected to attend SSA's Health and Safety Conference in Baltimore, Maryland, booked her own air fare due to her inexperience with Government travel regulations and her lack of knowledge about the requirement to use Government carriers. SSA reimbursed her expenses up to the amount of the contract fare. Ms. Favela, claiming entitlement to an additional $92 to compensate for the full amount of the fare she paid, has asked for Board review of the agency's decision to limit her recovery to the Government contract fare. In reviewing the materials submitted by claimant and the agency, the Board noted Ms. Favela's mention of her union membership and the fact that she had consulted with her union representative about this matter. The Board then wrote to both the claimant and the agency asking for clarification of whether Ms. Favela is in fact a union member and requesting information about whether a collective bargaining agreement might cover Ms. Favela's claim. In response, SSA has confirmed that claimant is a member of a bargaining unit and has further informed us that she is proceeding through the grievance process under the collective bargaining agreement. SSA further stated that there is no objection to dismissal of this claim by the Board if the Board believes this is the appropriate course of action.[foot #] 1 On numerous occasions, the Board has recognized that if a claim concerning travel 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 Carla Dee Gallegos, GSBCA 14609-RELO (Feb. 24, 1999); Harold S. Rubinstein, GSBCA 14667-RELO, 99-1 BCA 30,113; Bernard F. Anderson, GSBCA 14438-TRAV, 98-2 BCA 29,924; William A. Rogers, GSBCA 14357-TRAV (Feb. 12, 1998); Claudia J. Fleming-Howlett, GSBCA 14236-RELO, 98-1 BCA 29,534; Larry D. Morrill, GSBCA 13925-TRAV, 98-1 BCA 29,528; True Carter, GSBCA 14131-TRAV, 98- 1 BCA 29,530; Brian S. Brame, GSBCA 14333-TRAV (Jan. 8, 1998); Henry E. Carroll, Jr., GSBCA 14206-TRAV (Dec. 29, 1997); William A. Watkins, GSBCA 13970-TRAV, 97-2 BCA 29,222; see also Dunklebarger v. Merit Systems Protection Board, 130 F.3d 1376 (Fed. Cir. 1997). Since both claimant and the agency are proceeding with the grievance process, it is apparent that no such exclusion exists in this case. John E. Morris, GSBCA 14895- TRAV (April 28, 1999). Accordingly, this claim is dismissed. ____________________________ CATHERINE B. HYATT Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 1 In her response to the Board's inquiry, Ms. Favela states that she was told by SSA management to file at the Board and that the union has not yet acted on her grievance because of the claim filed at the Board.