About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-197884 1 (1980-07-15)

handle is hein.gao/gaobadikf0001 and id is 1 raw text is: . % ' 4' THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATEB \A/AS H I N G TO N, D .C 20548 Ui TV9 FILE: B-1 MATTER OF DIGEST: 97884 DATE: July 15, 1980 James L. Hancox - Elaim for Backpay 1. Individual appointed by Air Force after determination by Merit Systems Protection Board that his reemployment rights were violated is not entitled to backpay for period prior to his actual appointment. He did not have a vested right to employment by virtue of statute or regulation and agency had discretion with request to filling position. 2. General Accounting Office does not hold adversary hearings, but decides claims on basis of written'record presented.- -'- -This decision i~s-in-.esponse to a request.-rm- - Mr. James L. Hancox for reconsideration of our Claims Division Settlement Certificate No. Z-2818918, of November 23, 1979, which denied his claim for backpay. The issue presented is whether an employee can be granted backpay for a period prior to his appointment after the Merit Systems Protection Board (MSPB) has decided that his employing agency improperly denied him reemployment priority list rights. For the following reasons, we hold that the employee is not entitled to backpay. Mr. Hancox was employed by the Department of the Air Force, Whiteman Air Force Base, Missouri. He was advised that he would be separated in a reduction-in- force by March 30, 1977. In order not to be unemployed Mr. Hancox resigned February 14, 1977, to work in pri- vate industry. He subsequently appealed the reduction- in-force action to the Civil Service Commission but his appeal was denied. However, Mr. Hancox later appealed to the MSPB alleging a violation of his reemployment rights, and the appeal was upheld on January 19, 1979. Mr. Hancox was reemployed at the base on February 20, 1979. He ha claimed a retroactive appointment with backpay for the period commencing with his resignation until the date he was reemployed. FIL

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most