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

B-209954 1 (1983-06-07)

handle is hein.gao/gaobadldb0001 and id is 1 raw text is: O37-'..' -J I .- B-209954 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: June 7, 1983 MATTER OF: Marjorie E. Olsen The General Accounting Office has no juris- diction to consider an employee's appeal from an adverse action taken by an agency. While this Office has jurisdiction to settle certain claims for backpay and leave credit, there is no jurisdiction to consider a claim for backpay and leave credit based upon an employee's removal when the employee's grievance based on that action was unsuc- cessful and when the employee's action be- fore the Merit Systems Protection Board was dismissed for lack of jurisdiction in view of the employee's choice of the grievance procedure as a remedy. This action responds to an appeal of the determi- nation of our Claims Group pertaining to the claim of Marjorie E. Olsen for backpay, retroactive credit for leave, and reinstatement to her position with the National Archives and Records Service. The determina- tion of the Claims Group is sustained. Mrs. Olsen was involuntarily separated as an employee of the National Archives and Records Service, General Services Administration, in July 1981. Contend- ing that the Service improperly and illegally admin- istered leave regulations in her case, Mrs. Olsen filed grievance against the removal action under the appeals system of the agency's collective-bargaining agreement. After being informed that her grievance had been con- sidered and denied and that the decision of the agency t remove her was sustained, she filed an appeal with the Merit Systems Protection Board. The Board has issued a final decision denying her petition for review based on a lack of jurisdiction. tmarjorie E. Ol'3en v. General Services Administratfon, 82 FMSR-2094 (19S2). Mrs. Olsen expresses the view that neither the grievance arbitgator nor -he Merit Systems Protection Board gave her case full and fair consideration. She, therefore, seeks redress of these matters through the General Accountinq Office. OECISION FILE: DIGEST:

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