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B-225229 1 (1987-11-03)

handle is hein.gao/gaobadmxa0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Janice N. Addison - Severance Pay Matterof: B-225229 File: Date: November 3, 1987 DIGEST A former employee of the Mine Safety and Health Administration who declined to accompany her activity when it moved from Princeton to Pineville, West Virginia, was allowed to resign under involuntary conditions in lieu of transferring to Pineville. She is not entitled to severance pay under the provisions of 5 U.S.C. S 5595 and the implementing regulations since the agency determined that Princeton and Pineville are in the same commuting area. We will not overturn an agency's determination on commuting area unless that determination is arbitrary, capricious, or clearly erroneous. Where the agency's determination that Princeton and Pineville were in the same commuting area is based upon the commuting patterns of other employees trans- ferred earlier, we cannot say that the agency's determina- tion was arbitrary, capricious, or clearly erroneous. DECISION ISSUE This action is in response to a request from a union concerning the payment of severance pay to a former employee who declined to accompany her activity when it was trans- ferred to another location which the agency determined to be within the same commuting area. Severance pay may not be allowed if an employee declines reassignment within the same commuting area. Since under the facts presented we cannot say that the agency's determination of the commuting area was arbitrary, capricious or clearly erroneous, we sustain the agency's denial of severance pay. BACKGROUND This decision is in response to a request from Mr. James G. Dodson, National Representative, American Federation of Government Employees, on behalf of Ms. Janice N. Addison. This matter was presented under our procedures set forth at c0404_V (=

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