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B-217517 1 (1986-07-28)

handle is hein.gao/gaobadmke0001 and id is 1 raw text is: ~-\THE COMP11 kOLLER GENERAL OECISION . . OF THE UNITEO STATES WAHNTN o.oC. 20548 FILE: B-217517 DATE: July 28, 1986 MATTER OF: Claim for Backpay - False Statement of Interim Earnings DIGEST: Employee filed false statement reporting no interim earnings during the period covered by his backpay award. Later, upon being advised that no action would be taken to pay his backpay claim because of his false statement, employee filed an accurate report of his interim earnings. We hold that the employee's backpay claim is tainted by fraud and may not be paid. This is a request for a decision concerning a claim for backpay by an employee of the Federal Aviation Administration (FAA). We find that the claim for backpay is tainted by fraud because of the claimant's false statement denying any interim earnings. Accordingly, all backpay must be denied. FACTS The claimant had been employed as a GS-11 Air Traffic Control Specialist and was removed from that position on February 2, 1980. He filed a grievance challenging his removal under the collective bargaining agreement then in effect between the FAA and the Professional Air Traffic Controllers Organization. His grievance was arbitrated and the arbitrator's award, dated July 29, 1980, ordered his reinstatement with backpay. In accordance with the award, the claimant was ordered to report for work on August 4, 1980. However, he did not report to work on that date and actually reported on August 11, 1980. He was charged with 1 day annual leave and 4 days leave without pay. The facility chief believed that he had delayed reporting to work because he was employed elsewhere.

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