B-148310, NOV. 23, 1962
Highlights
EMANUELE ARE EMPLOYED IN IDENTICAL POSITIONS AND RECEIVED THE SAME ADVERSE PERSONNEL ACTION. THAT YOU HAVE NOT BEEN COMPENSATED RETROACTIVELY AS WAS MR. YOU REQUEST AN EXPLANATION WHY THE AGENCY SHOULD REPLY TO YOUR CLAIM BY ADVISING YOU THAT THEY DO NOT HAVE THE AUTHORITY TO PAY YOUR CLAIM. WE ADVISED THE COMPTROLLER OF THE PANAMA CANAL THAT IF YOU ARE A PREFERENCE ELIGIBLE AND IF THE FACTS IN YOUR CASE ARE IDENTICAL WITH THOSE IN MR. WE UNDERSTAND FROM THE STATEMENTS IN YOUR LETTER THAT THE AGENCY DID RESTORE YOU TO YOUR FORMER TOUR BUT DID NOT GRANT RETROACTIVE PAY FOR THE PERIOD YOU WERE WORKING ONLY 40 HOURS A WEEK. WE HAVE NO INFORMATION CONCERNING THE AGENCY'S ACTION OTHER THAN WHAT IS CONTAINED IN YOUR LETTER.
B-148310, NOV. 23, 1962
TO MR. REED E. HOPKINS, JR.:
YOUR LETTER OF OCTOBER 28, 1962, ALSO SIGNED BY MR. OSMOND N. AUSTIN, ENCLOSED A COPY OF THE DECISION BY THE CIVIL SERVICE COMMISSION, BOARD OF APPEALS AND REVIEW, DATED JANUARY 24, 1961, FAVORABLY ACTING UPON THE APPEAL OF MR. BRUNO L. EMANUELE FROM AN ADVERSE PAY ACTION TAKEN BY THE PANAMA CANAL COMPANY IN FEBRUARY 1960. THAT PAY ACTION AND THE DECISION BY THE BOARD RELATE TO THE ADMINISTRATIVE CHANGE OF MR. EMANUELE'S DUTY HOURS AND WORK ASSIGNMENT AS A FIREFIGHTER SUBJECT TO SECTION 401 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED, 5 U.S.C. 926, AND APPLICABLE REGULATIONS UNDER THAT ACT.
YOU SAY YOU AND MR. EMANUELE ARE EMPLOYED IN IDENTICAL POSITIONS AND RECEIVED THE SAME ADVERSE PERSONNEL ACTION; THAT EACH OF YOU HAS BEEN RESTORED TO YOUR FORMER POSITION; BUT THAT YOU HAVE NOT BEEN COMPENSATED RETROACTIVELY AS WAS MR. EMANUELE. HENCE, YOU REQUEST AN EXPLANATION WHY THE AGENCY SHOULD REPLY TO YOUR CLAIM BY ADVISING YOU THAT THEY DO NOT HAVE THE AUTHORITY TO PAY YOUR CLAIM.
ON JANUARY 17, 1962, THE COMPTROLLER OF THE PANAMA CANAL COMPANY SUBMITTED TO US A COPY OF THE SAME DECISION OF THE BOARD OF APPEALS AND REVIEW, DATED JANUARY 24, 1961, TOGETHER WITH YOUR CLAIM DATED AUGUST 24, 1961. ON APRIL 23, 1962, WE ADVISED THE COMPTROLLER OF THE PANAMA CANAL THAT IF YOU ARE A PREFERENCE ELIGIBLE AND IF THE FACTS IN YOUR CASE ARE IDENTICAL WITH THOSE IN MR. EMANUELE'S CASE, THE AGENCY COULD RESTORE YOU TO A 72-HOUR WEEK WITH RETROACTIVE COMPENSATION.
WE UNDERSTAND FROM THE STATEMENTS IN YOUR LETTER THAT THE AGENCY DID RESTORE YOU TO YOUR FORMER TOUR BUT DID NOT GRANT RETROACTIVE PAY FOR THE PERIOD YOU WERE WORKING ONLY 40 HOURS A WEEK. WE HAVE NO INFORMATION CONCERNING THE AGENCY'S ACTION OTHER THAN WHAT IS CONTAINED IN YOUR LETTER. THEREFORE, WE MUST ASSUME THAT THE AGENCY'S ACTION IN YOUR CASE WAS PREDICATED UPON THOSE FACTORS IN OUR DECISION WHICH WE MENTION ABOVE.
CONSEQUENTLY, ON THE PRESENT RECORD--- INCLUDING YOUR CLAIM OF AUGUST 24, 1961--- WE HAVE NO VALID BASIS FOR DISAGREEING WITH THE ADMINISTRATIVE DISPOSITION OF YOUR CLAIM.