Filipczyk v. United States

88 Fed. Cl. 776, 2009 U.S. Claims LEXIS 298
CourtUnited States Court of Federal Claims
DecidedSeptember 2, 2009
DocketNo. 09-045C
StatusPublished
Cited by3 cases

This text of 88 Fed. Cl. 776 (Filipczyk v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Filipczyk v. United States, 88 Fed. Cl. 776, 2009 U.S. Claims LEXIS 298 (uscfc 2009).

Opinion

OPINION AND ORDER

WHEELER, Judge.

This is a civilian pay suit in which pro se Plaintiff Rafal Filipezyk again seeks reimbursement from his employer, the Naval Oceanographic Office (“NAVO”), for lodging expenses of $175.17 incurred when he rented a hotel room after the ship to which he was assigned on temporary duty docked in Japan. NAVO denied him payment based on a provision in the Collective Bargaining Agreement (“CBA”) that governs his employment prohibiting reimbursement of hotel expenses for the first 48 hours in which a ship is in port. Mr. Filipezyk has now filed suit in the Court of Federal Claims challenging the legality of the CBA under various statutes and regulations and attempting to recover his lodging expenses. Defendant has filed motions to dismiss Mr. Filipczyk’s complaint pursuant to Rules 12(b)(1) and 12(b)(6) of the Court of Federal Claims (“RCFC”), and the parties have filed cross-motions for summary judgment under RCFC 56. For the reasons stated below, this Court lacks jurisdiction over the majority of Mr. Filipezyk’s claims and grants Defendant summary judgment as to the rest. As will be seen, this $175 lawsuit has generated effort and controversy far in excess of the amount at issue.

Background1

Mr. Filipezyk is a civilian employee of NAVO, a Defense Department agency located at Stennis Space Center in Mississippi. Compl. ¶ 1, Jan. 22, 2009. On July 28, 2007, Mr. Filipezyk left his permanent duty station and began temporary duty assignment aboard the United States Naval Ship Bowditch (“Bowditch”). Pl.’s Proposed Findings of Uncontroverted Fact ¶ 2, May 22, 2009 (“PPFUF”). After the Bowditch docked in Okinawa, Japan on September 24, 2007, Mr. Filipezyk rented a hotel room for three nights, during September 25-28, 2007. Id. ¶3. The Bowditch subsequently docked in Sasebo, Japan, and Mr. Filipezyk obtained lodging in Government quarters for the nights of October 22-23, 2007. Compl. ¶4.

On October 30, 2007, Mr. Filipezyk submitted a request to NAVO for reimbursement of his hotel expenses, totaling $175.17. PPFUF ¶ 5. NAVO denied the request based on the CBA between the agency and the American Federation of Government Employees, which governs Mr. Filipczyk’s employment. Id. ¶ 6. The CBA contains a provision prohibiting reimbursement of hotel expenses incurred during the first 48 hours that an employee’s ship is in port. Def.’s Mot. to Dismiss App. A46, Apr. 3, 2009. It states: “[ejmployees assigned TDY aboard Government ships may utilize, as appropriate, Government or commercial quarters ashore after the ship has been in port during stopovers for forty-eight (48) consecutive hours.” Id.

On March 20, 2008, Mr. Filipezyk appealed NAVO’s denial of. reimbursement to the United States Civilian Board of Contract Appeals (“Board”), alleging violations of 5 U.S.C. § 5702(a)(1) (2006), 5 U.S.C. [780]*780§ 5702(a)(2) (2006), and 5 U.S.C. § 5911(e) (2006). Compl. ¶ 6. The Board dismissed Mr. Filipczyk’s claim on June 17, 2008 for lack of subject matter jurisdiction because the CBA did not permit appeal to the Board to resolve grievances. Id. Mr. Filipczyk petitioned the Board for reconsideration on July 14, 2008. Id. On August 27, 2008, the Board granted Mr. Filipczyk’s motion to rewrite one sentence of its earlier decision, but upheld its ruling that it did not possess subject matter jurisdiction to hear his claim. Id.

On September 11, 2008, Mr. Filipczyk filed a complaint in the Court of Federal Claims requesting the Court to vacate the Board’s denial of subject matter jurisdiction. Id. ¶ 7. Defendant filed a motion to dismiss pursuant to RCFC 12(b)(1) on November 10, 2008. Id. The Court concluded that it lacked subject matter jurisdiction over Mr. Filipczyk’s claims because he failed to identify a law conferring a substantive right for money damages against the United States. See Todd v. United States, 386 F.3d 1091, 1094 (Fed.Cir.2004) (citation omitted). Accordingly, on January 13, 2009, the Court granted Defendant’s motion to dismiss Mr. Filip-czyk’s claims without prejudice. Filipczyk v. United States, No. 08-643C, 2009 WL 103740, at *2 (Fed.Cl. Jan.13, 2009).

On January 20, 2009, Mr. Filipczyk filed á new complaint in the Court of Federal Claims seeking monetary damages against the United States in the amount of $175.17. Compl. ¶2. Mr. Filipczyk alleges that: (1) the CBA travel provision upon which NAYO based its denial violates federal statutes and a regulation governing per diem allowances for lodging, namely 5 U.S.C. § 5702(a)(1), 5 U.S.C. § 5702(a)(2), 5 U.S.C. § 5911(e), and 41 C.F.R. § 301-11.3 (2009); (2) the CBA’s travel provision also violates § C5.1.3.1 and § C5.1.3.10 of the Department of Defense Housing Management Manual 4165.63-M (“DOD Housing Manual”); and (3) inclusion of the travel provision in the CBA violates federal statutes governing collective bargaining agreements involving federal employees, namely 5 U.S.C. § 7103(a)(12) (2006), 5 U.S.C. § 7103(a)(14)(C) (2006), and 5 U.S.C. § 7117(a)(1) (2006). Id.

On April 3, 2009, Defendant filed a motion to dismiss Mr. Filipczyk’s complaint for failure to state a claim, pursuant to RCFC 12(b)(6). Defendant argues that the CBA travel provision does not violate any of the federal statutes, regulations, or the DOD Housing Manual Mr. Filipczyk cites. Def.’s Mot. to Dismiss 5. Mr. Filipczyk filed a re-1 sponse in opposition to the motion on April 22, 2009, and Defendant replied on May 7, 2009.

On May 7, 2009, Defendant filed a “partial motion to dismiss”2 those of Mr. Filipczyk’s claims brought under the Federal Service Labor-Management Relations Act (“FSLMRA”), pursuant to RCFC 12(b)(1). These claims allege that the CBA violates § 7103(a)(12) and § 7103(a)(14)(C) of the FSLMRA. Defendant contends that the Court lacks subject matter jurisdiction over the FSLMRA claims because the Federal Labor Relations Authority (“FLRA”) maintains exclusive jurisdiction of claims brought under the FSLMRA, subject only to limited judicial review by a court of appeals. Def.’s Partial Mot. to Dismiss 4, May 7, 2009. Mr. Filipczyk opposed this assertion in a May 29, 2009 response, and Defendant replied on June 15, 2009.

Mr. Filipczyk filed a motion for summary judgment on May 22, 2009, alleging that no material facts were in dispute, and he was entitled to judgment as a matter of law that the CBA travel provision violated the federal statutes, regulations, and DOD Housing Manual referenced in his complaint. Defendant filed a response and cross-motion for summary judgment on June 22, 2009, and Mr. Filipczyk opposed the cross-motion on July 16, 2009. Defendant replied in support of its cross-motion on August 12,2009.

Standards of Review

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Bluebook (online)
88 Fed. Cl. 776, 2009 U.S. Claims LEXIS 298, Counsel Stack Legal Research, https://law.counselstack.com/opinion/filipczyk-v-united-states-uscfc-2009.