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B-181614 1 (1975-02-05)

handle is hein.gao/gaobadcfr0001 and id is 1 raw text is: THE COMPTRULLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: DATE: FEB 5 1S75 3-181614 MATTER OF: Charles E. King--Grievance committee recommendation of backpay without reinstatement DIGEST: 1. Department of State Grievance Committee recommended that Foreign Service employee, who resigned because alleged unresolved grievances were affe;ting his healch, be given backpay from date of resignation until resolution of grievance, without recommending his reinstatement. Recommendation may not be imple- mented because committee did not conclude employee had been coerced to resign and, therefore, his resignation was a voluntary act, not an unjustified or unwarranted personnel action within the meaning of the Back Pay Act, 5 U.S.C. §5596 (1970), 2. Although doctrine of constructive discharge may under certain circumstances be applied to situations where erroneous personnel actions such as threats, coercion, and intolerable working conditions cause Federal employees to resign in circumvention of statutory removal procedures, no such actions were found to have been taken and Department of State may not grant backpay to employee who alleges he was forced to resign unless there is a direct connec- tion between employee's resignation and improper agency action, in order to come within purview of Back Pay Act, 5 U.S.C. §5596 (1970). 3. The authority of the Secretary of State under provisions of 22 U.S.C. §993(b) and (c) (Supp. III, 1973) in implementing Grievance Board recommendations to grant retroactive promotions and additional increases in salary does not provide a basis for granting retroactive pay, allowances and differen- tials for Foreign Service personnel after their voluntary resignation. .This matter concerns a request for a decision from the-Department of State, as to whether it has authority to implement a Grievance Committee recommendation to the Director of Personnel of that Department that Mr. Charles E. King, a former Foreign Service employee be compensated as followss

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