Washington, DC
U.S. Office of Personnel Management
Compensation and Leave Claim Decision
Under section 3702 of title 31, United States Code
Morale, Welfare, and Recreation
U.S. Army Yuma Proving Grounds
U.S. Department of the Army
U.S. Department of Defense
Yuma, Arizona
Damon B. Ford
Compensation and Leave Claims
Program Manager
Agency Compliance and Evaluation
Merit System Accountability and Compliance
12/06/2022
Date
The claimant occupies a non-appropriated fund (NAF) position at the Coyote Lanes Bowling Alley, Morale, Welfare, and Recreation (MWR), U.S. Army Yuma Proving Grounds, U.S. Department of the Army, U.S. Department of Defense (DoD) in Yuma, AZ. She seeks back pay for one hour she asserts she worked sometime prior to August 8, 2022. For the reasons discussed herein, the claim is denied.
Coyote Lanes Bowling Alley is a NAF instrumentality administered under DoD’s MWR program. Claims submitted by NAF employees are not reviewable by OPM. This is because they do not fall under the claim provisions of section 3702(a)(2) of title 31, United States Code (U.S.C.), which limits OPM's claims adjudication authority to claims involving Federal civilian employees’ compensation and leave. Title 31 does not define “Federal civilian employee” in association with the claims adjudication authority it grants to OPM in section 3702(a)(2). However, title 5, U.S.C., concerns government organization and employees, and 5 U.S.C. 2105 defines the term “employee” for the purposes of that title. According to section 2105(c)(1)(B), an employee of a [DoD] NAF activity is “deemed not an employee for the purpose of laws administered by [OPM] except as otherwise specifically provided in [title 5, U.S.C.].” Thus, OPM's jurisdiction to adjudicate claims for compensation and leave does not extend to the claims of employees of NAF activities unless a provision in title 5, U.S.C., specifically authorizes OPM to consider their claims. Consequently, OPM lacks jurisdiction to adjudicate the claimant’s back pay claim and the claim is denied.
This settlement is final. No further administrative review is available within OPM. Nothing in this settlement limits the claimant’s right to bring an action in an appropriate United States court.