B-204799 L/M, NOV 5, 1981, OFFICE OF GENERAL COUNSEL
Highlights
DIGEST: FEDERAL EMPLOYEE COMPLAINS HE WAS UNFAIRLY DENIED OPPORTUNITY TO COMPETE FOR PROMOTION. MERIT PROMOTION PLANS ARE SUBJECT TO PROVISIONS OF FEDERAL PERSONNEL MANUAL CHAPTER 335. ALLEGATIONS OF MISUSE OF FEDERAL FUNDS ARE REFERRED TO GAO'S FRAUD PREVENTION GROUP. ASSISTANT CHIEF STEWARD: THIS IS IN RESPONSE TO YOUR LETTER OF SEPTEMBER 16. WITH RESPECT TO YOUR CONCERN THAT YOU HAVE BEEN UNFAIRLY DENIED THE OPPORTUNITY TO COMPETE FOR ANOTHER POSITION. WE POINT OUT THAT MERIT PROMOTION PLANS ARE SUBJECT TO REGULATIONS ISSUED BY THE OFFICE OF PERSONNEL MANAGEMENT. YOU HAVE THE RIGHT TO FILE A GRIEVANCE ON ANY COMPLAINT RELATING TO A PROMOTION ACTION. WHILE THE OFFICE OF PERSONNEL MANAGEMENT WILL NOT CONSIDER INDIVIDUAL APPEALS.
B-204799 L/M, NOV 5, 1981, OFFICE OF GENERAL COUNSEL
DIGEST: FEDERAL EMPLOYEE COMPLAINS HE WAS UNFAIRLY DENIED OPPORTUNITY TO COMPETE FOR PROMOTION. MERIT PROMOTION PLANS ARE SUBJECT TO PROVISIONS OF FEDERAL PERSONNEL MANUAL CHAPTER 335, AND COMPLAINTS MAY BE SUBJECT OF NORMAL GRIEVANCE PROCEDURES. ALLEGATIONS OF MISUSE OF FEDERAL FUNDS ARE REFERRED TO GAO'S FRAUD PREVENTION GROUP.
MR. RICHARD SANETTI, ASSISTANT CHIEF STEWARD:
THIS IS IN RESPONSE TO YOUR LETTER OF SEPTEMBER 16, 1981, TO THE COMPTROLLER GENERAL CONCERNING JOB PLACEMENT POLICIES AND THE ALLEGED MISUSE OF FEDERAL FUNDS.
WITH RESPECT TO YOUR CONCERN THAT YOU HAVE BEEN UNFAIRLY DENIED THE OPPORTUNITY TO COMPETE FOR ANOTHER POSITION, WE POINT OUT THAT MERIT PROMOTION PLANS ARE SUBJECT TO REGULATIONS ISSUED BY THE OFFICE OF PERSONNEL MANAGEMENT. SEE FEDERAL PERSONNEL MANUAL CHAPTER 335 (COPY ENCLOSED). AS POINTED OUT IN SECTION 1-6 OF THIS CHAPTER, YOU HAVE THE RIGHT TO FILE A GRIEVANCE ON ANY COMPLAINT RELATING TO A PROMOTION ACTION, AND, WHILE THE OFFICE OF PERSONNEL MANAGEMENT WILL NOT CONSIDER INDIVIDUAL APPEALS, THAT OFFICE WILL INVESTIGATE SUBSTANTIAL VIOLATIONS OF ITS REQUIREMENTS. SINCE YOU HAVE NOT STATED ANY CLAIM FOR BACKPAY OR OTHER MONETARY RELIEF, OUR OFFICE IS WITHOUT JURISDICTION TO CONSIDER YOUR COMPLAINT. SEE 31 U.S.C. SEC. 71. THEREFORE, YOU MAY WISH TO CONSIDER FILING A GRIEVANCE UNDER AGENCY OR NEGOTIATED GRIEVANCE PROCEDURES AND CONTACTING THE LOCAL OFFICE OF THE OFFICE OF PERSONNEL MANAGEMENT.
WITH RESPECT TO YOUR ALLEGATIONS THAT FEDERAL FUNDS ARE BEING MISUSED, WE HAVE FORWARDED A COPY OF YOUR LETTER TO OUR FRAUD PREVENTION GROUP FOR APPROPRIATE ACTION.
WE TRUST THAT THIS IS RESPONSIVE TO YOUR INQUIRY.