About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-199510 1 (1982-02-18)

handle is hein.gao/gaobadkbp0001 and id is 1 raw text is: a   .    - - a, a & ~ ii   -4


     Lb
U,


*1


7


k4


577/2k


CECISION


THIS CCMPTFICLLEIR
OF THIS UNITED


GENERAL
STATIM


WASHINSTON, .D, 90U1'U


B-199510


DATE;


Febrary 18, 1982


MATTER

DIGEST;


OF:


  Carlton J, MacDonald - Transfer Expenses
  Agency Error

Employee was transferred at no cost
to Government after Federal Aviation
Administration (FAA) informed him he
had failed training course,  Subse-
quent to transfer FAA determined that
employee's training course had been
conductod in procedurally flowed
manner and that he had not received
training to which he was entitled,
FAA then returned employee to original
duty station but refused to :eimburse
his ea'lier trahsfer expenses.  Since
employee would not have been trans-
ferred but for FAA's error, wie conclude
that employee is entitled to be reim-
bursed his travel expenses.


     Mr. Kenneth Huston of the Professional Air Traffic
Controllers Organization (PATCO), has requested our
decision as to whether Mr. Carlton J. MacDonald, an air
traffic control specialist, GS-ll, is entitled to reim-
bursement for travel expenses he incurred incident to
his transfer to the Ely Fligt't Service Station, Ely,
Nevada. The Federal Aviation Administration (FAA)-was
served with a copy ot PATCO's r~iquest for decision, but
FAA did not choose to provide us with a report on the
matter. Accordingly, in the absence of an objection by
the agency, we shall assume jurisdiction under 4 C.F.R.
Part 22 (1981) (originally published as 4 C.F.R. Part 21,
at 45 Fed. Reg. 55689-92, August 21, 1980, see specifi-
cally 4nC.F.R. S 22.7(b) (1981)), and render a decision
based on the record submitted by PATCO.


     Mr. MacDonald was a
trol specialist assigned
Traffic Control Center (I
On or about February I,
nated from his position
unsatisfactory progress


developmental air traffic con-
to FAA's Oakland Air Route
ARTCC) at Fremont, California.
1977, Mr. MacDonald was termi-
at the Oakland ARTCC because of
in a training program conducted


FILE;


C0J


PAnV

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:

Already a HeinOnline Subscriber?

profiles profiles most