Cole v. Young - 351 U.S. 536, 76 S. Ct. 861 (1956)

Rule:

An employee can be dismissed "in the interest of the national security" under the Act of August 26, 1950, 64 Stat. 476, 5 U.S.C.S. § 22, only if he occupies a "sensitive" position, and thus that a condition precedent to the exercise of the dismissal authority is a determination by the agency head that the position occupied is one affected with the "national security."

Facts:

Petitioner employee was a preference-eligible veteran under section 2 of the Veterans' Preference Act of 1944, 58 Stat. 387, as amended, 5 U.S.C.S. § 851. He held a position in the classified civil service as a food and drug inspector. The head of the employee's agency found that petitioner’s employment was not consistent with the interests of national security and ordered the termination of his employment based upon a charge of sympathetic association with Communists. The employee subsequently brought the action, seeking a declaratory judgment that his discharge was invalid and that the civil service commission had improperly refused to entertain an appeal, and an order requiring his reinstatement in his former position. The trial court dismissed the action and the court of appeals affirmed. Petitioner sought further review. 

Issue:

Was the petitioner’s discharge authorized by the Veterans' Preference Act of 1944? 

Answer:

No.

Conclusion:

On further review, the Court reversed because the employee's position had not been determined to have been affected with the national security, and thus, his dismissal was not authorized by the Act of August 26, 1950 (Act), 64 Stat. 476, 5 U.S.C.S. § 22 and it violated the Veterans' Preference Act of 1944, 58 Stat. 387, as amended, 5 U.S.C.S. § 851. According to the Court, an employee can be dismissed "in the interest of the national security” only if he occupies a "sensitive" position, and thus, a condition precedent to the exercise of the dismissal authority was a determination by the agency head that the position occupied was one affected with the "national security."