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56 FLRA No. 34
U.S. Department of the Navy, United States Marine Corps and AFGE, Local 1482 (Francis, Arbitrator), 0-AR-3220 (Decided April 27, 2000)
The Arbitrator sustained a grievance alleging that the Agency violated a contractual agreement between the parties to provide television service to the grievants' individual sleeping quarters. The Authority concluded that the Agency failed to establish that the award was deficient under section 7122(a) of the Statute.
The Authority found that the award was not contrary to 31 U.S.C. § 1301(a). Section 1301(a) requires that appropriated funds be used consistent with particular appropriations. The Authority found that the Agency neither asserted nor demonstrated that there were restrictions in its particular appropriations acts on the use of funds for television services. The Agency also did not demonstrate that expenditure of funds for cable television services in the sleeping quarters was contrary to Comptroller General precedent. The Authority noted that Comptroller General decisions permit entertainment to be considered a necessary expense under some circumstances. As such, and noting the Agency did not question its discretion to continue to provide cable television service to the day room, the Authority concluded that the Agency did not establish that it lacked discretion to comply with its contractual agreement to provide such service to the sleeping quarters also.