B-198446,(DAF),L/M, MAY 5, 1980

B-198446,(DAF),L/M: May 5, 1980

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YOU WERE FOREMAN OF A CREW THAT WAS UNLOADING VARIOUS ITEMS FROM A TRUCK ON THE CONSTRUCTION SITE. DURING THESE OPERATIONS THE CRANE THAT WAS BEING USED TIPPED OVER. YOU WERE TERMINATED FOR NEGLIGENCE. YOU WERE REINSTATED ON OR ABOUT AUGUST 15. THE TENNESSEE VALLEY AUTHORITY IS A BODY CORPORATE AND. CLAIMS AGAINST IT ARE NOT HANDLED BY THE GENERAL ACCOUNTING OFFICE. RUNNING FROM THE DAY YOU WERE SEPARATED UNTIL THE DAY THAT YOU REPORT BACK TO WORK. YOU WERE NOT REINSTATED RETROACTIVELY. WHILE WE CANNOT SETTLE YOUR CLAIM NOR DECIDE THE ISSUES INVOLVED WE CAN POINT OUT THAT EVEN IF THE GENERAL AGREEMENT BETWEEN THE TENNESSEE VALLEY AUTHORITY AND THE TENNESSEE VALLEY TRADES AND LABOR COUNCIL PROVIDES FOR RETROACTIVE PAY AND REIMBURSEMENT TO EMPLOYEES WHO ARE REINSTATED AS A RESULT OF AN APPEAL.

B-198446,(DAF),L/M, MAY 5, 1980

OFFICE OF GENERAL COUNSEL

ERNEST P. GARRETT, JR.:

WE REFER TO A LETTER OF APRIL 10, 1980, FROM YOUR SON, MR. ROBERT A. GARRETT, TO THE COMPTROLLER GENERAL REQUESTING THE COMPTROLLER'S ASSISTANCE IN OBTAINING BACK PAY FOR YOU FOR THE PERIOD FEBRUARY 15 TO AUGUST 15, 1978.

YOUR CLAIM ARISES OUT OF AN INCIDENT THAT OCCURRED ON FEBRUARY 14, 1978, AT THE YELLOW CREEK NUCLEAR PLANT OF THE TENNESSEE VALLEY AUTHORITY. YOU WERE FOREMAN OF A CREW THAT WAS UNLOADING VARIOUS ITEMS FROM A TRUCK ON THE CONSTRUCTION SITE. DURING THESE OPERATIONS THE CRANE THAT WAS BEING USED TIPPED OVER. YOU WERE TERMINATED FOR NEGLIGENCE. AS A RESULT OF A TIMELY APPEAL, YOU WERE REINSTATED ON OR ABOUT AUGUST 15, 1978.

THE TENNESSEE VALLEY AUTHORITY IS A BODY CORPORATE AND, UNDER 16 U.S.C. SEC. 831CB) (1976), MAY SUE AND BE SUED IN ITS OWN NAME. BECAUSE OF ITS INDEPENDENT STATUS, CLAIMS AGAINST IT ARE NOT HANDLED BY THE GENERAL ACCOUNTING OFFICE.

IN OUR REVIEW OF THE MATERIALS SUBMITTED BY YOUR SON, WE NOTE THE LETTER OF AUGUST 1, 1978, FROM MR. WILLIAM E. BLACK, JR., MANAGER OF UNION- MANAGEMENT RELATIONS, DIVISION OF PERSONNEL, TENNESSEE VALLEY AUTHORITY, WHICH ORDERED YOUR REINSTATEMENT. THAT LETTER, IN THE LAST PARAGRAPH OF THE FIRST PAGE, CONVERTS YOUR TERMINATION INTO A SUSPENSION, RUNNING FROM THE DAY YOU WERE SEPARATED UNTIL THE DAY THAT YOU REPORT BACK TO WORK. YOU WERE NOT REINSTATED RETROACTIVELY.

WHILE WE CANNOT SETTLE YOUR CLAIM NOR DECIDE THE ISSUES INVOLVED WE CAN POINT OUT THAT EVEN IF THE GENERAL AGREEMENT BETWEEN THE TENNESSEE VALLEY AUTHORITY AND THE TENNESSEE VALLEY TRADES AND LABOR COUNCIL PROVIDES FOR RETROACTIVE PAY AND REIMBURSEMENT TO EMPLOYEES WHO ARE REINSTATED AS A RESULT OF AN APPEAL, THAT REMEDY WOULD PROBABLY NOT BE APPROPRIATE HERE BECAUSE YOU WERE NOT REINSTATED RETROACTIVELY. YOUR APPEAL RESULTED IN A CONVERSION OF YOUR TERMINATION INTO A SUSPENSION WHICH WOULD SEEM TO PRECLUDE BACK PAY.