B-236754, Mar 21, 1990
Highlights
CIVILIAN PERSONNEL - Compensation - Retroactive compensation - Eligibility - Adverse personnel actions - Determination 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. She was placed in absence-without-leave (AWOL) status and subsequently removed. The MSPB ruled that the agency's directed reassignment was not an action appealable to the Board. Gabriel argues that the directed reassignment and placement in AWOL status were improper and should be reversed by our Office. /2/ We have reviewed the record before us and find no basis to overturn the agency's actions in this case.
B-236754, Mar 21, 1990
CIVILIAN PERSONNEL - Compensation - Retroactive compensation - Eligibility - Adverse personnel actions - Determination 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.
Andrea V. Gabriel:
Ms. Gabriel, a former employee of the Department of Agriculture, was reassigned from a position in Berkeley, California, to a position in Washington, D.C., effective December 7, 1986. She refused the reassignment and failed to report for duty in Washington. She was placed in absence-without-leave (AWOL) status and subsequently removed, effective February 23, 1987, for her failure to report for duty.
Ms. Gabriel did not appeal her separation from federal service but rather appealed her placement in AWOL status to the Merit Systems Protection Board (MSPB). The MSPB ruled that the agency's directed reassignment was not an action appealable to the Board, and the MSPB denied her appeal of "constructive removal" from her position in December 1986. /1/
Ms. Gabriel argues that the directed reassignment and placement in AWOL status were improper and should be reversed by our Office. /2/ We have reviewed the record before us and find no basis to overturn the agency's actions in this case. We note that the claimant was offered the choice of (1) accepting the reassignment or (2) declining the reassignment, resigning, and applying for placement assistance, but that she chose to decline the reassignment with the understanding that she would be removed for failure to report for duty.
The propriety of the agency's actions in this case has been reviewed by the MSPB. As noted in the MSPB opinion cited above, the MSPB administrative judge concluded that the agency had not erred in using directed reassignment instead of reduction-in-force procedures, that the agency had a legitimate management reason for the reassignment, and had provided the claimant with adequate notice of the reassignment.
The claimant has not refuted these conclusions. Therefore, based on our review of the record, we conclude that the claimant has failed to demonstrate that the agency's actions placing her on AWOL for failing to report for duty constitute an unjustified or unwarranted personnel action under the Back Pay Act, 5 U.S.C. Sec. 5596 (1988).
Accordingly, we deny Ms. Gabriel's claim for backpay.
/1/ Gabriel v. Department of Agriculture, Docket No. SFO7528710211-1 (Sept. 30, 1988).
/2/ Mr. Robert L. Neal, Ms. Gabriel's designated representative, has presented this claim.