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

B-222379 1 (1987-04-10)

handle is hein.gao/gaobadmqs0001 and id is 1 raw text is: OThe Comptroller General of the United States Washington, D.C. 20548 NIT Decision Matterof- Raymond W. Leone - Request for Backpay File: B-222379 Date: April 10, 1987 DIGEST 1. This Office will not inquire into matters relative to a grievance since such matters are within the jurisdiction of the employing agency and the Office of Personnel Management. However, if an employee is found to have undergone an unjustified or unwarranted personnel action, we will authorize the payment of backpay under the provisions of the Back Pay Act, 5 U.S.C. § 5596 (1982). 2. Army civilian employee is not entitled to backpay and substitution of sick leave for leave without pay on the sole basis of a favorable grievance examiner's recommendation. The recommendation was denied at a higher level, and the failure of Army officials to forward the recommendation within 8 days as prescribed by agency regulations does not take away the agency's discretionary authority to deny a recommendation since the timeframes are only procedural guidelines. DECISION BACKGROUND Mr. Raymond W. Leone, an employee of the Department of the Army, has appealed the determination by our Claims Group in its settlement Z-2844297, February 21, 1986, which denied his claim for backpay and substitution of sick leave for leave without pay (LWOP). For the reasons that follow, we uphold our Claims Group's determination. Mr. Leone is currently employed by the Department of the Army, Fort McPherson, Georgia, and was formerly employed by the Department of Army in Europe. It was during this period of his employment in Europe that the present claim arose. In January 1981, Mr. Leone accepted a reassignment to another Army organization within Europe. A replacement was recruited C38573

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