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B-180095 1 (1976-11-15)

handle is hein.gao/gaobaddzn0001 and id is 1 raw text is: STHE COMPTR2LLER GENERAL oFlCISION1 .fj. OF THE UNITED STATES S: wasINoa, 0.0. 20540 4T 0 N FILE: B-180095 MATTER OF: DiSEST: DATE: November 1'-.. 1076 Henry A. Wade - Deduction of Union Dues from Backpay Erroneously separated employee had voluntary allotment for deduction of union dues in effect at time of separation. Since employee did not consent, at time of restoration, to deduction of dues from backpay award, refusal of agency to do so was proper because there is no authority under Back Pay Act authorizing such de- duction. Nor is deduction of dues from current pay authorized, absent consent of employee. Termination of voluntary dues allotment that occurred at separation remains in effect, and agency is not obligated to union for amount equivalent to back dues. This case arises from a request of November 14, 1975, for an advance decision submitted by Dr. John T. Mason, Director of the Veterans Administration (VA) Hospital, Murfreesboro, Tennessee, concerning the authority for deducting union dues from a backpay award. On September 13, 1974, Mr. Henry A. Wade, a psychiatric nursing assistant at the VA Hospital, Murfreesboro, was removed from his position. He appealed his removal. In a decision dated May 19, 1975, the Federal Employees Appeals Authority ordered him restored to his former position with backpay from the date of his separation. At the time of his removal, Mr. Wade was a member of VA Hospital Local 1844, American Federation of Government Em- ployees (AFGE), holder of exclusive recognition at ihe VA Hospital, Murfreesboro, and had on file a signed authorization calling for the withholding of union dues from his salary . I-e never cancelled this authorization. In appealing his separation, Mr. Wade designated as his representative the National Representative of AFGE. However, shortly thereafter Mr. Wade selected as a new representative a private attorney who continued to represent him throughout the C\ C

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