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

B-212601 1 (1983-09-20)

handle is hein.gao/gaobadlib0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION OF THE UNITED STATES 0WASHINGTON, D. C. 20548 'UNITY. FILE: B-212601 DATE: September 20, 1983 MATTER OF: Pierre L. Sales - Foreign Service Grievance Board - GAO Jurisdiction DIGEST: An employee of the Agency for Internation- al Development (AID) filed a grievance with the Foreign Service Grievance Board under 22 U.S.C. § 1037(a)(1976), for credit of unused sick leave earned while he was employed by a United Nations agency. The Board found for the employee. An AID certifying officer thereafter submitted the case to GAO for review and decision. Under 22 U.S.C. § 1037a(13) such decisions of the Board are final, subject only to judicial review in the District Courts of the United States. Therefore, this Office is without jurisdiction to review the Board's decision in this case. This decision is in response to a request from a certi- fying officer, Agency for International Development (AID), on the question of whether an individual reemployed by AID following a period of secondment (transfer) to a United Nations (UN) agency may be credited with sick leave earned while with the UN agency, as ordered by the Foreign Service Grievance Board. Before that issue may be considered, we must consider the threshold issue as to whether we have the jurisdiction to entertain the question. We conclude that we do not have the jurisdiction to consider the matter because by statute the Board's decisions on such matters are final, subject only to judicial review. FACTS The employee, Mr. Pierre L. Sales, was employed by AID. On February 1, 1969, he was separated for the purpose of transfer to the United Nations to serve as Deputy Resident Representative of the UN Development Program in Kinshasa, Democratic Republic of the Congo. On May 1, 1976, following his separation from the UN agency, Mr. Sales exercised his reemployment rights with AID under section 528 of the Foreign Service Act and was //1 Q4e

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