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B-203289 1 (1981-06-11)

handle is hein.gao/gaobactww0001 and id is 1 raw text is: 


         L;e         UNITED STATES GENERAL ACOO NG  FFICE
                             WASHINGTON, D.C. 20548


OFFICE OF GENERAL COUNSEL

       B-203289                      June 11, 1981

                                        Mo ot make available to public reading
       Miss Regina M. Ryan
       735 Taylor Street, # 412
       San Francisco, California  94108

       Dear Miss Ryan:

            Reference is made to your recent letter, with enclosures,
       postmarked May 19, 1981, seeking the Comptroller General's
       opinion as to the meaning of the word insubordination  as it
       might relate to matters described in your letter.

            The material with your letter indicates that you are  a
       voucher examiner for the Department of Health and  Human
       Services, San Francisco Regional Office.  You say that on
       April 22, 1981, you heard a rumor that a training  trip was
       planned for the department in which you are employed  and that
       you immediately informed your director, his assistant  and
       your immediate supervisor in writing that you were not
       interested in training travel, requesting that your  name not
       be included in any further voucher examination  training.

            Apparently, in spite of your efforts, an HEW  gorm 350
       Training Nomination and Authorization was prepared  and
       issued for you on May 6, 1981.  On the same day you  submitted
       your written refusal of that assignment.  In response you
       were informed that your request was denied; you were directed
       to attend the training session and informed  that failure to
       do so might cause you to be subject to disciplinary  action.

            You now ask whether your actions constitute  insubordi-
       nation.

            The  word insubordination is defined,  in part, in
       Black's Law Dictionary (5th Ed.), as:

                 * * * disobedience to constituted authority.
            Refusal to obey some order which a  superior officer
            is entitled to give and have obeyed.  Term  imports
            a willful or intentional disregard of  the lawful
            and reasonable instructions of the employer.

            Such matters as requiring employee  training, enforcing
       certain minimum standards of acceptable employee  conduct and
       the imposition of penalties for failure of  employees to conduct

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