B-129720, DEC. 28, 1956
Highlights
WE HAVE FURTHER CONSIDERED YOUR CLAIM FOR COMPENSATION FOR THE PERIOD BETWEEN MAY 5. DURING WHICH YOU ALLEGE YOU WERE IMPROPERLY REMOVED OR SUSPENDED FROM FEDERAL EMPLOYMENT. YOU WERE TERMINATED AS AN EMPLOYEE OF THE OFFICE OF RENT STABILIZATION. TO SEPARATE INDEFINITE EMPLOYEES OCCUPYING POSITIONS FOR WHICH YOU WERE QUALIFIED. YOU ARE OF THE VIEW THAT BUT FOR IMPROPER DELAYS OF THE CINCINNATI ORDNANCE DISTRICT IN PLACING YOU. YOU WOULD NOT HAVE BEEN REMOVED FROM THE FEDERAL ROLLS FROM MAY 5 TO AUGUST 31. ARE ENTITLED TO COMPENSATION FOR THAT PERIOD UNDER THE PROVISIONS OF THE ACT OF JUNE 10. IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH REMOVAL OR SUSPENSION WAS UNJUSTIFIED OR UNWARRANTED SHALL BE PAID COMPENSATION AT THE RATE RECEIVED ON THE DATE OF SUCH REMOVAL OR SUSPENSION.
B-129720, DEC. 28, 1956
TO MR. MELVIN J. BETTINGER, SR.:
IN THE LIGHT OF YOUR LETTERS OF OCTOBER 18 AND 22, 1956, WE HAVE FURTHER CONSIDERED YOUR CLAIM FOR COMPENSATION FOR THE PERIOD BETWEEN MAY 5, 1953, AND AUGUST 31, 1953, DURING WHICH YOU ALLEGE YOU WERE IMPROPERLY REMOVED OR SUSPENDED FROM FEDERAL EMPLOYMENT.
EFFECTIVE AT THE CLOSE OF BUSINESS MAY 5, 1953, YOU WERE TERMINATED AS AN EMPLOYEE OF THE OFFICE OF RENT STABILIZATION, CINCINNATI, OHIO. YOUR SEPARATION OCCURRED IN A REDUCTION IN FORCE--- THE OFFICE OF RENT STABILIZATION BEING DUE TO EXPIRE JULY 31, 1953. THE CIVIL SERVICE COMMISSION, IN ACCORDANCE WITH ITS PROGRAM FOR THE PLACEMENT OF SEPARATED CAREER EMPLOYEES, REQUESTED THE CINCINNATI ORDNANCE DISTRICT, DEPARTMENT OF THE ARMY, TO SEPARATE INDEFINITE EMPLOYEES OCCUPYING POSITIONS FOR WHICH YOU WERE QUALIFIED. AS A RESULT YOU RECEIVED AN APPOINTMENT WITH THE CINCINNATI ORDNANCE DISTRICT, EFFECTIVE AUGUST 31, 1953. YOU ARE OF THE VIEW THAT BUT FOR IMPROPER DELAYS OF THE CINCINNATI ORDNANCE DISTRICT IN PLACING YOU, YOU WOULD NOT HAVE BEEN REMOVED FROM THE FEDERAL ROLLS FROM MAY 5 TO AUGUST 31, 1953, AND, THEREFORE, ARE ENTITLED TO COMPENSATION FOR THAT PERIOD UNDER THE PROVISIONS OF THE ACT OF JUNE 10, 1948, 62 STAT. 354.
THE ACT OF JUNE 10, 1948, PROVIDES, SO FAR AS HERE PERTINENT---
"ANY PERSON REMOVED OR SUSPENDED WITHOUT PAY IN A REDUCTION IN FORCE WHO, AFTER AN APPEAL TO PROPER AUTHORITY, IS REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT SUCH REMOVAL OR SUSPENSION WAS UNJUSTIFIED OR UNWARRANTED SHALL BE PAID COMPENSATION AT THE RATE RECEIVED ON THE DATE OF SUCH REMOVAL OR SUSPENSION, FOR THE PERIOD FOR WHICH HE RECEIVED NO COMPENSATION WITH RESPECT TO THE POSITION FROM WHICH HE WAS REMOVED OR SUSPENDED, LESS ANY AMOUNTS EARNED BY HIM THROUGH OTHER EMPLOYMENT DURING SUCH PERIOD, AND SHALL FOR ALL PURPOSES EXCEPT THE ACCUMULATION OF LEAVE BE DEEMED TO HAVE RENDERED SERVICE DURING SUCH PERIOD. A DECISION WITH RESPECT TO ANY APPEAL TO PROPER AUTHORITY UNDER THIS PARAGRAPH SHALL BE MADE AT THE EARLIEST PRACTICABLE DATE.'
FOR AN EMPLOYEE TO BE ENTITLED TO THE BACK PAY BENEFITS OF THE 1948 ACT HE MUST, AFTER APPEAL TO PROPER AUTHORITY, BE REINSTATED OR RESTORED TO DUTY ON THE GROUND THAT THE REMOVAL OR SUSPENSION WAS UNJUSTIFIED OR UNWARRANTED. THE ORDERS OF THE CIVIL SERVICE COMMISSION TO THE CINCINNATI ORDNANCE DISTRICT, UPON WHICH YOU RELY, DIRECTED THE REMOVAL OF INDEFINITE APPOINTEES WITH A VIEW TO YOUR PLACEMENT IN THAT AGENCY. THE ORDERS OF THE COMMISSION DO NOT CONSTITUTE A DETERMINATION THAT YOUR SEPARATION OF MAY 5, 1953, WAS IMPROPER SO AS TO ENTITLE YOU TO THE BENEFITS OF THE 1948 ACT; NOR CAN THEY BE VIEWED AS EMBODYING A FINDING THAT YOUR RIGHTS UNDER THE VETERANS' PREFERENCE ACT OF 1944 WERE IN ANY WAY VIOLATED. IT MAY FURTHER BE POINTED OUT THAT AGENCY ACTION EFFECTING PERSONNEL IS FOR REVIEW BY THE CIVIL SERVICE COMMISSION, AND, GENERALLY, NOT WITHIN THE PURVIEW OF OUR OFFICE.
ON THOROUGH CONSIDERATION OF THE RECORD IN YOUR CASE WE DO NOT FIND A LEGAL BASIS FOR ALLOWANCE OF THE COMPENSATION SOUGHT. THEREFORE, THE SETTLEMENT OF OCTOBER 12, 1956, DISALLOWING YOUR CLAIM, IS SUSTAINED.