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B-229014 1 (1988-03-02)

handle is hein.gao/gaobadnaa0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matter of: Wanda Pleasant - Severance Pay File: B-229014 Date: March 2, 1988 DIGEST An employee sought and received a transfer from a permanent career service position in ACTION to a time-limited appointment for 5 years in the Peace Corps, which could not be extended except for extraordinary reasons. For purposes of the severance pay statute, 5 U.S.C. S 5595 (1982), we find that she was an employee and that she was involuntarily separated, i.e., her separation from her position in the Peace Corps was against her will and without her consent. Therefore, the employee is entitled to severance pay. DECISION The issue involved in this decision is whether an employee who had previously held a career appointment in ACTION and .was subsequently separated from her time-limited appointment with the Peace Corps was involuntarily separated from her position within the meaning of that phrase as used in 5 U.S.C. S 5595(b)(2) (1982), and thus is entitled to severance pay. For the following reasons, we hold she was involuntarily separated in that manner and thus is entitled to severance pay. BACKGROUND This decision is in response to a joint request from the ACTION/Peace Corps Employees Union, AFSCME Local 2027 (union), and the Peace Corps (agency). This request has been handled as a labor-relations matter under 4 C.F.R. Part 22 (1987), and pursuant to 4 C.F.R. S 22.7(b) (1987), our Office is issuing a decision to the parties on their joint request. The facts of this case, which have been jointly stipulated to by the union and the agency, are as follows. With the exception of one brief period when she was employed by the U.S. Customs Service, Ms. Wanda Pleasant was an

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