[Claim for Backpay and Attorney Fees]

An authorized certifying officer of the Department of Agriculture requested a decision as to whether an employee was entitled to additional backpay and other benefits incident to being retroactively restored to his position. The Merit System Protection Board (MSPB) had previously ordered that the employee's separation be canceled, and he was given backpay and related benefits when he was restored to his former position. Using this ruling as a basis, GAO found that: (1) since there were no allegations made to MSPB that the agency had taken other unjustified actions prior to that date, the ruling did not support an additional backpay claim; and (2) since, for reasons totally unrelated to the removal action, the employee had been in a day-shift only status on the date of removal, he was not entitled to night differential as an item of backpay under the MSPB decision. Further, GAO determined that, although weekend premium pay was not itemized when the backpayment was made, the employee received premium pay based on the average hours worked by other employees in his position. GAO would not question the backpay computation since there was no showing of an agency error. As part of the additional benefits, the employee claimed entitlement to attorney fees. However, MSPB had previously held that the employee was not entitled to attorney fees. Because GAO is not authorized to review MSPB decisions, attorney fees could not be awarded under the law in this claim. Accordingly, the employee was not entitled to additional backpay or attorney fees.