Grievance Committee Recommendation of Backpay Without Reinstatement

B-181614: Feb 5, 1975

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The agency requested a decision regarding its authority to implement a Grievance Committee recommendation that a former Foreign Service employee who resigned because alleged unresolved grievances were affecting his health be given backpay from the date of his resignation until the resolution of the grievance. Implementation of the recommendation was not permitted since the committee did not conclude that the employee had been coerced to resign and, therefore, his resignation was a voluntary act and not an unjustified or unwarranted personnel action. The agency was not authorized to grant backpay in the absence of a direct connection between the employee's resignation and an improper agency action. There was no authority for the Secretary of State to grant retroactive pay, allowances, and differentials for Foreign Service personnel after voluntary resignations.

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