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B-203283 1 (1981-07-07)

handle is hein.gao/gaobadjnn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-203283 DATE: July 7, 1981 MATTER OF: Teresa Deems - Backpay DIGEST: Federal Aviation Administration employee was terminated and subseouently reinstated. Employee's-laim for backpay during period she was unemployed is disallowed since there has been no finding by an appropriate authority that the termination action was unjustified or unwarranted. 5 U.S.C. 5596 (1976). This action is in response to a request dated May 1, 1981, by Kenneth Huston, Professional Air Traffic Controllers Organization, concerning Ms. Teresa Deems' entitlement to backpay. A decision is being rendered pursuant to 4 C.F.R. Part 21 (1980). As amended August 21, 1980, Part 21 contains the pro- visions under which this Office settles issues on the legality of appropriated fund expenditures that arise in the Federal Labor-Management Relations program. See 45 F.R. 55689. The issue concerns Ms. Deems' entitlement to backpay pursuant to the Back Pay Act of 1966, 5 U.S.C. 5596 (1976), for the 2-month period following her ter- mination of employment with the Federal Aviation Administration (Administration) until the time of her reinstatement. For the following reasons, Ms. Deems is not entitled to backpay. Ms. Deems was hired by the Federal Aviation Administration as an Air Traffic Control Specialist, on February 24, 1980. On March 11, 1980, she entered the Administration's Aeronautical Training Center as a student in the National Terminal Air Traffic Training Program. Successful completion of this course is a mandatory requirement for retention as an Air Traffic Control Specialist. Ms. Deems failed Phase IV of the training program. Consequently, approximately 2 weeks later (June 28, 1980), her employment was terminated. Just prior to her termination, Ms. Deems prepared a statement in which she contends that while attending the program, certain collateral incidents interfered

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