B-234257.2, Nov 20, 1989

B-234257.2: Nov 20, 1989

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CIVILIAN PERSONNEL - Leaves of Absence - Suspension - Disciplinary actions - Propriety - AWOL DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. Was reassigned from a position in Berkeley. He was placed in absence-without-leave (AWOL) status and subsequently removed effective November 12. It is clear that the MSPB decision adjudicated his claim on the merits. This principle of res judicata is applicable in this case in view of the MSPB's determination. Which was affirmed by the U.S. We are bound by the MSPB's determination and are. Precluded from considering the same facts and issues which were presented before the MSPB. /1/ Carl Macmurdo v.

B-234257.2, Nov 20, 1989

CIVILIAN PERSONNEL - Leaves of Absence - Suspension - Disciplinary actions - Propriety - AWOL DIGEST: This summary letter decision addresses well established rules which have been discussed in previous Comptroller General decisions. To locate substantive decisions addressing this issue, refer to decisions indexed under the above listed index entry.

Carl A. Macmurdo:

Mr. Macmurdo, a former employee of the Department of Agriculture, was reassigned from a position in Berkeley, California, to a position in Susanville, California, effective September 5, 1982. He refused the reassignment and failed to report for duty in Susanville. He was placed in absence-without-leave (AWOL) status and subsequently removed effective November 12, 1982, for his failure to report for duty.

Mr. Macmurdo appealed his placement in AWOL status and his removal to the Merit Systems Protection Board (MSPB). The MSPB ruled against Mr. Macmurdo in an opinion that specifically addressed each of his arguments. /1/ The United States Court of Appeals for the Federal Circuit affirmed the MSPB's decision. /2/

Contrary to Mr. Macmurdo's contention, it is clear that the MSPB decision adjudicated his claim on the merits. A final determination on the merits of a claim by an authority of competent jurisdiction constitutes an absolute bar to any subsequent action on the same claim. This principle of res judicata is applicable in this case in view of the MSPB's determination, which was affirmed by the U.S. Court of Appeals for the Federal Circuit. See William C. Ragland, 62 Comp.Gen. 399 (1983). We are bound by the MSPB's determination and are, therefore, precluded from considering the same facts and issues which were presented before the MSPB.

/1/ Carl Macmurdo v. U. S. Department of Agriculture, MSPB Docket Nos. SF07528310221 and SF07528310064 (Nov. 15, 1984).

/2/ Carl Macmurdo v. Department of Agriculture, 782 F.2d 322 (Fed. Cir. 1985).