B-153241, JAN. 28, 1964
Highlights
GRIFFIN: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 26. WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE COMPENSATION ALLEGED TO BE DUE WHILE YOU WERE IN AN ANNUAL LEAVE AND LEAVE WITHOUT PAY STATUS. THE CLAIM WAS DISALLOWED BECAUSE THE RECORD INDICATED YOU HAD ELECTED TO TAKE ANNUAL LEAVE AND LEAVE WITHOUT PAY AS PROPOSED BY THE ADMINISTRATIVE OFFICE AND. YOU NOW CONTEND THAT YOU WERE COERCED INTO SIGNING THE REQUEST FOR LEAVE AND THAT SUCH LEAVE WAS THE SAME AS A CONSTRUCTIVE REMOVAL OR SUSPENSION. CONCERNING YOUR CONTENTION THE REPORT OF THE NATIONAL LABOR RELATIONS BOARD TO OUR OFFICE STATES THE CIRCUMSTANCES OF YOUR CASE WERE INVESTIGATED AND IT WAS CONCLUDED THAT YOU FREELY CHOSE TO REQUEST AND DID REQUEST THE USE OF ANNUAL LEAVE AND LEAVE WITHOUT PAY LOOKING TOWARD THE POSSIBILITY OF DISABILITY RETIREMENT.
B-153241, JAN. 28, 1964
TO MRS. MARGARET B. GRIFFIN:
REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 26, 1963, REQUESTING REVIEW OF OUR SETTLEMENT DATED DECEMBER 16, 1963, WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE COMPENSATION ALLEGED TO BE DUE WHILE YOU WERE IN AN ANNUAL LEAVE AND LEAVE WITHOUT PAY STATUS, AS AN EMPLOYEE OF THE NATIONAL LABOR RELATIONS BOARD.
THE CLAIM WAS DISALLOWED BECAUSE THE RECORD INDICATED YOU HAD ELECTED TO TAKE ANNUAL LEAVE AND LEAVE WITHOUT PAY AS PROPOSED BY THE ADMINISTRATIVE OFFICE AND, THEREFORE, SUCH PERIOD COULD NOT BE REGARDED AS WITHIN THE PURVIEW OF THE ACT OF JUNE 10, 1948, 62 STAT. 354, WHICH AUTHORIZES BACK PAY FOR PERIODS OF SUSPENSION OR REMOVAL WITHOUT CAUSE. YOU NOW CONTEND THAT YOU WERE COERCED INTO SIGNING THE REQUEST FOR LEAVE AND THAT SUCH LEAVE WAS THE SAME AS A CONSTRUCTIVE REMOVAL OR SUSPENSION.
CONCERNING YOUR CONTENTION THE REPORT OF THE NATIONAL LABOR RELATIONS BOARD TO OUR OFFICE STATES THE CIRCUMSTANCES OF YOUR CASE WERE INVESTIGATED AND IT WAS CONCLUDED THAT YOU FREELY CHOSE TO REQUEST AND DID REQUEST THE USE OF ANNUAL LEAVE AND LEAVE WITHOUT PAY LOOKING TOWARD THE POSSIBILITY OF DISABILITY RETIREMENT. IN VIEW THEREOF WE MAY NOT REGARD THE PERIOD OF ANNUAL LEAVE AND LEAVE WITHOUT PAY AS A SUSPENSION OR REMOVAL FROM THE SERVICE. MOREOVER, AS INDICATED IN OUR SETTLEMENT OF DECEMBER 16, 1963, THE RECORD CONTAINS NO INDICATION THAT THE ACTION OF THE NATIONAL LABOR RELATIONS BOARD IN PERMITTING YOU TO RETURN TO WORK WAS PREDICATED UPON THE GROUND THAT THE GRANTING OF ANNUAL LEAVE AND LEAVE WITHOUT PAY WAS UNJUSTIFIED AND UNWARRANTED AS SPECIFIED IN THE ACT OF JUNE 10, 1948.
ACCORDINGLY, OUR SETTLEMENT OF DECEMBER 16, 1963, DISALLOWING YOUR CLAIM MUST BE SUSTAINED.
AS TO WHETHER YOU MAY HAVE YOUR CASE FURTHER REVIEWED, YOU ARE ADVISED THAT THE DECISIONS OF OUR OFFICE ARE FINAL AND CONCLUSIVE UPON THE EXECUTIVE BRANCH OF THE GOVERNMENT AND THERE IS NO PROCEDURE PRESCRIBED FOR APPEALING FROM SUCH DECISIONS. HOWEVER, IT APPEARS THAT YOU WOULD BE ENTITLED TO FILE SUIT IN THE UNITED STATES COURT OF CLAIMS, WASHINGTON, D.C., IF YOU DECIDE TO FURTHER PURSUE THE MATTER. SEE TITLE 28, U.S.C. SECTIONS 1491, ET SEQ. ..END :