Charles E. King

Decision Date05 February 1975
Docket NumberB-181614
PartiesCharles E. King--Grievance Committee Recommendation of Backpay Without Reinstatement
CourtComptroller General of the United States

Charles E. King--Grievance Committee Recommendation of Backpay Without Reinstatement

No. B-181614

Comptroller General of the United States

February 5, 1975


DIGEST:

1. Department of state grievance committee recommended that foreign service employee, who resigned because alleged unresolved grievances were affecting his health, be given back pay from date of resignation until resolution of grievance, without recommending his reinstatement. Recommendation May not be implemented because committee did not conclude employee had been coerced to resign and, therefore, his resignation was a voluntary act, not an unjustified or unwarranted personnel action within the meaning of the back pay act, 5 U.S.C. Sec. 5596 (1970).

2. Although doctrine of constructive discharge May under certain circumstances be applied to situations where erroneous personnel actions such as threats, coercion, and intolerable working conditions cause federal employees to resign in circumvention of statutory removal procedures, no such actions were found to have been taken and department of state May not grant back pay to employee who alleges he was forced to resign unless there is a direct connection between employee's resignation and improper agency action, in order to come within purview of back pay act, 5 U.S.C. Sec. 5596 (1970).

3. The authority of the secretary of state under provisions of 22 U.S.C. Sec. 993(b) and (C) (supp. III, 1973) in implementing grievance board recommendations to grant retroactive promotions and additional increases in salary does not provide a basis for granting retroactive pay, allowances and differentials for foreign service personnel after their voluntary resignation.

This matter concerns a request for a decision from the Department of State, as to whether it has authority to implement a Grievance Committee recommendation to the Director of Personnel of that Department that Mr. Charles E. King, a former Foreign Service employee be compensated as follows:

" * * * for the difference, if any, between the amount he would have received had he remained an employee of the Medical Division and the amount of compensation actually received by him from other employment. The amount of such compensation to be computed for the period beginning on the effective date of his resignation from the Department through the date on which the final determination of his grievance is made." (Emphasis added.)

The submission from the Department of State contains only a brief summary of the record in this case, providing information essential for our decision but few additional details which would have been useful in gaining a...

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