Legal Briefs: Immobile home

Every Friday on GovExec.com, Legal Briefs reviews several cases that involve, or provide valuable lessons to, federal managers. We report on the decisions of a wide range of review panels, including the Merit Systems Protection Board, the Federal Labor Relations Authority and federal courts.

You know that if you move to a new location, the government will reimburse you for moving your household goods. But did you know that, if you ask, the government will instead reimburse you for moving your house?

Julia Saunders, unfortunately, didn't ask. She assumed the government would pay for moving both her household goods and her mobile home when she transferred from Herlong, Calif., to Edwards Air Force Base, Calif., in December 1998. The government paid for moving her household goods, but when she asked about reimbursement for moving her mobile home, the travel office at Edwards informed her that they couldn't do it because they had already paid for her household goods. Under federal travel rules, it's either/or.

But the Air Force and the General Services Board of Contract Appeals didn't think Saunders should be punished for not knowing the rule. So, even though it took a year, the agency and the board discovered a few loopholes in the rules that allow the Air Force to reimburse her for moving both her household goods and her house.

Lesson: You can take it with you.

In the matter of Julia Saunders, General Services Administration Board of Contract Appeals (GSBCA 15047-RELO), October 26, 1999.

Widow's Rights

Sharon Lourens married in to the military. Her husband, now deceased, was a disabled veteran. As the widow of a disabled veteran, Lourens was qualified for job preference in the federal government. So, when she was fired from her position at the U.S. Postal Service, Lourens filed an appeal with the Merit Systems Protection Board. She used the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA) to justify her appeal rights.

USERRA spells out the rights of employees returning from the military service to reinstatement to their jobs. But it does not include military spouses, MSPB ruled. In fact, the point of the legislation is to prevent discrimination against military service members. Since Lourens has never served in the military, her appeal was dismissed as out of bounds.

Lesson: Spouses cannot share everything.

Sharon Lourens v. MSPB, Merit Systems Protection Board (99-3153), October 13, 1999

Mortgage Jargon

Joseph Thompson relocated with the Veterans' Affairs department in 1997. The move, from New York to Virginia, was paid for by the agency-most of it, that is. VA denied reimbursement for three things related to Thompson's new home purchase: a $195 document preparation fee, a $67 tax service fee, and a $135 underwriting fee. Thompson asked the General Services Board of Contract Appeals to offer a second opinion on what expenses he could be reimbursed for.

The board ruled in favor of the agency, referring Thompson to federal travel regulations, which state that agencies cannot refund money spent on finance charges. That rules out the tax service and underwriting fees. The document preparation charge was already covered in a different reimbursable fee, so Thompson needs to pay it off himself, the board ruled.

Lesson: Read the fine print before you ask for a reimbursement.

In the matter of Joseph Thompson, General Services Administration Board of Contract Appeals (GSBCA 15077-RELO), October 14, 1999.