Board of Contract Appeals General Services Administration Washington, D.C. 20405 September 28, 1999 GSBCA 15052-TRAV In the Matter of CHARLES W. ADAMS Charles W. Adams, APO Area Pacific, Claimant. Walter J. Folger, Army Legal Services Activity-Korea, Department of the Army, APO Area Pacific, appearing for Department of the Army. BORWICK, Board Judge. Claimant, Charles W. Adams, an employee of the Department of the Army (agency), challenges the agency's refusal to issue claimant business class airline tickets for travel. Claimant states that "the problem is I have to get my ticket from the 25th Transportation Office and they will not issue a business-class ticket without it being on the orders and the Command will not put it on the orders." Claimant states that "I'm not sure this [Board] is the correct place to write but I can find no other." The agency moves to dismiss, noting that the applicable statute provides that the authority delegated to the Administrator of General Services, and redelegated to this Board, is limited to settling claims involving expenses "incurred by Federal civilian employees for official travel and transportation." 31 U.S.C. 3702(a)(3) (Supp. III 1997). Our rule regarding travel claims is similar. Rule 401(b). Our rules also provide that "any claim for entitlement to travel . . . expenses must first be filed with the claimant's own agency." Rule 401(c). Here claimant has not filed a claim for the travel expense of business-class air travel because he has not yet incurred the expense.[foot #] 1 We agree with the ----------- FOOTNOTE BEGINS --------- [foot #] 1 The agency rejected claimant's request for a business class ticket on official travel because the necessity (continued...) ----------- FOOTNOTE ENDS ----------- agency that the claim is thus premature and must be dismissed. George Oliver, GSBCA 14550-TRAV, 98-2 BCA 29,800. This claim must be dismissed for a second reason as well. Claimant is subject to a collective bargaining agreement in effect between the United States Forces, Korea/Eighth United States Army, and the National Federation of Federal Employees (NFFE) Local 1363. NFFE Local 1363 is the exclusive representative for agency employees in Korea, including the 1st Signal Brigade, where claimant is employed. The collective bargaining agreement defines grievance as "any complaint by any employee concerning a working condition of the employee . . . [or] by any employee . . . concerning . . . any matter involving local working conditions or practices." The condition of claimant's official travel is undoubtedly a working condition covered by the grievance procedure; matters related to travel are not excluded from the coverage of the collective bargaining agreement. The collective bargaining agreement makes the grievance procedure the exclusive mechanism available to the parties for resolving an employee's grievance. Under these circumstances, this Board lacks jurisdiction. Henry E. Carroll, Jr., GSBCA 14206-TRAV (Dec. 29, 1997); Bernadette Hastak, GSBCA 13938-TRAV, et al., 97-2 BCA 29,091. Our decision provides the answer to claimant's quandary that he does not know the proper forum for consideration of his complaint. Claimant must use the NFFE grievance procedure to resolve this matter. For the above reasons, this claim is dismissed. ___________________________ ANTHONY S. BORWICK Board Judge ----------- FOOTNOTE BEGINS --------- [foot #] 1 (...continued) for use of a business class seat was not substantiated by a physician. A physical therapist did state that due to claimant's large size and an acute medical problem, claimant required more space than is provided by the airlines in economy class seats.