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

B-198938 1 (1981-03-04)

handle is hein.gao/gaobadjed0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, 0. C. 20546 FILE: B-198938 DATE: March 4, 1981 MATTER OF: Arnold M. Biddix - ailur to complete transfer service agreement DIGEST: Employee of Federal Aviation Administration who transferred to Alaska at Government ex- pense failed to complete service agreement and separated for reasons not acceptable to agency. Determination whether separation is beyond employee's control and subject to waiver of service agreement is primarily for agency to decide. Our Office will not over- turn determination absent evidence it was ar- bitrary or capricious. The issue in this case is whether our Office will waive the service agreement that an employee signed prior to his transfer to Alaska at Government expense. We hold that where the agency has not found the reasons for the employee's separation to be beyond his control, we will not overturn such a determination absent evidence that the determination was arbitrary or capricious. This decision is in response to the appeal by Mr. Arnold M. Biddix of our Claims Division settlement denying his request for waiver of his 24-month service agreement with the Government. Mr. Biddix, a former employee of the Federal Aviation Administration (FAA), signed a 24-month service agreement effective November 8, 1977, in connection with his transfer to Alaska. How- ever, he voluntarily resigned effective October 10, 1978, for reasons which were not acceptable to the FAA for re- lease from his service aqreement. The agency has demanded repayment of Mr. Biddix's travel and transportation expenses to Alaska which totaled $9,392.72. Our Claims Division settlement denied Mr. Biddix's request for waiver of the service agreement on the basis that a determination as to whether the employee's separa- tion is for reasons beyond his control must be made by the employing agency and our Office will not overturn that determination absent evidence that it is arbitrary or capricious. lqo

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