Under the rule, DOD required civilian staff to sign rotation agreements before working abroad, which the complainants and most of the members of ouag did. [4] Rotation agreements provide that if employees wish to continue working for DOD upon their return to the United States, they must either make use of their right of return if they still have it, or enroll in the Priority Placement Program („PPP“). [4] Rotation agreements differ slightly between the different divisions of DOD. The applicants accuse the United States of violating its contract by limiting workers to an extension of the 1230 sub-chapter project. They argue that, when signing their rotation agreement, they did so with the conviction that the 1981 version of the 1981 rule is still applicable and that they can therefore benefit from an unlimited number of extensions as long as their performance is satisfactory. They also assert that the United States is required to act in good faith in its contracts with citizens and should therefore apply the version of the 1981 normal rate. [3] A mission is the duration of the employee`s initial mission abroad. „[A] The appeal should not be dismissed for omission of a claim, unless it seems clear that the plaintiff cannot prove facts in support of his claim which would entitle him to discharge. Conley v. Gibson, 355 U.S.
41, 45-46, 78 P. Ct. 99, 2 L Ed. 2d 80 (1957). As noted above, the factual allegations of the appeal must be construed as true and frank in favour of the applicant. Shear v. National Rifle Ass`n of Am., 606 F.2d 1251, 1253 (D.C.Cir.1979). DOD created PPP in the 1970s to find new jobs for civilian employees returning from overseas and losing the right to return to their previous positions and for employees whose ranks had increased during their international degree and who therefore decided not to return to their previous and lower positions. Under the PPP, workers returning to the United States choose a geographic area of the United States where they wish to work. If they do not receive a DOD job offer with the same seniority, status and issued (although not necessarily the same position) that was exercised in that geographic area prior to their employment abroad, they must expand the area in which they are willing to accept a job. If they do not accept the first offer they receive, they are made redundant from the DOD job.
For example, a returning employee who has lost his right to return may have to decide to live far from where he wants, to accept a job he does not like, or to be fired by DOD. The applicants do not question staff decisions in individual cases and, in fact, the complaint does not contain any specific allegations of transfer or reassignment. As the applicants stated in their objections, „there is no dispute between a staff member and a line manager and there is no recourse that can be sought under the CSRA by a complaint to the Special Adviser`s office. Pl.es Opp`n at 26.