B-155804, JAN. 5, 1965
Highlights
YOU WERE REEMPLOYED AS A CLERK. AT THE TIME OF YOUR RESIGNATION YOU WERE RECEIVING COMPENSATION AT THE RATE OF $2.19 PER HOUR. FOR THIS REASON YOU CONTEND THAT YOU ARE ENTITLED TO A RETROACTIVE ADJUSTMENT IN COMPENSATION FOR THE PERIOD MARCH 20. THE ADMINISTRATIVE OFFICE REPORTS THAT YOU WERE TOLD SPECIFICALLY WHAT YOUR GRADE AND SALARY WOULD BE IF EMPLOYED. AT NO TIME WERE ANY STATEMENTS OR PROMISES MADE TO YOU IMPLYING THAT YOU WOULD RECEIVE THE SAME RATE YOU HAD RECEIVED WITH THE POSTAL TRANSPORTATION SERVICE. IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY IT IS THE RULE OF THIS OFFICE TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE. QUOTING FROM THE SYLLABUS: "THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYING TO RECEIVE THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM.
B-155804, JAN. 5, 1965
TO MR. JOSEPH W. BOATWRIGHT:
THIS REFERS TO YOUR LETTER OF DECEMBER 9, 1964, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED DECEMBER 1, 1964, WHICH DISALLOWED YOUR CLAIM FOR RETROACTIVE ADJUSTMENT IN COMPENSATION AS AN EMPLOYEE OF THE DEFENSE GENERAL SUPPLY CENTER, RICHMOND, VIRGINIA.
ON MARCH 20, 1961, YOU WERE REEMPLOYED AS A CLERK, GS-2, STEP 1, AT $1.69 PER HOUR BY THE MILITARY GENERAL SUPPLY CENTER (NOW THE DEFENSE GENERAL SUPPLY CENTER) IN RICHMOND. PRIOR TO THAT DATE YOU HAD SERVED WITH THE POSTAL TRANSPORTATION SERVICE FROM WHICH POSITION YOU RESIGNED ON MARCH 2, 1959. AT THE TIME OF YOUR RESIGNATION YOU WERE RECEIVING COMPENSATION AT THE RATE OF $2.19 PER HOUR.
YOU SAY THAT AT THE TIME OF YOUR REEMPLOYMENT CERTAIN INDIVIDUALS OF THE EMPLOYING AGENCY LED YOU TO BELIEVE THAT YOU WOULD BE PAID AT THE RATE YOU HAD BEEN RECEIVING AT THE TIME OF YOUR RESIGNATION. FOR THIS REASON YOU CONTEND THAT YOU ARE ENTITLED TO A RETROACTIVE ADJUSTMENT IN COMPENSATION FOR THE PERIOD MARCH 20, 1961, TO JUNE 1962. HOWEVER, THE ADMINISTRATIVE OFFICE REPORTS THAT YOU WERE TOLD SPECIFICALLY WHAT YOUR GRADE AND SALARY WOULD BE IF EMPLOYED, AND AT NO TIME WERE ANY STATEMENTS OR PROMISES MADE TO YOU IMPLYING THAT YOU WOULD RECEIVE THE SAME RATE YOU HAD RECEIVED WITH THE POSTAL TRANSPORTATION SERVICE. IN THE ABSENCE OF SUBSTANTIAL EVIDENCE TO THE CONTRARY IT IS THE RULE OF THIS OFFICE TO ACCEPT THE REPORT OF THE ADMINISTRATIVE OFFICE.
IN OUR DECISION 31 COMP. GEN. 15, CITED BY YOU IN YOUR LETTER OF SEPTEMBER 15, 1964, WE HELD, QUOTING FROM THE SYLLABUS:
"THERE IS NO VESTED RIGHT IN AN EMPLOYEE UPON REEMPLOYING TO RECEIVE THE HIGHEST SALARY RATE PREVIOUSLY PAID TO HIM, AND THEREFORE THE CORRECTION OF AN ADMINISTRATIVE ERROR MADE IN FIXING THE SALARY OF AN EMPLOYEE UPON REEMPLOYMENT AT A LOWER RATE THAN THE HIGHEST SALARY RATE PREVIOUSLY HELD BY SUCH EMPLOYEE CAN BE ACCOMPLISHED ONLY BY ADMINISTRATIVE ACTION AND UPON SHOWING THAT AN ADMINISTRATIVE ERROR WAS IN FACT MADE IN FIXING THE ORIGINAL SALARY RATE UPON REEMPLOYMENT.'
THE ADMINISTRATIVE REGULATIONS APPLICABLE TO YOUR CLAIM (DEPARTMENT OF THE ARMY CIVILIAN PERSONNEL REGULATIONS PERSONNEL P3.2-2C AND SECTION 25.103 OF THE REGULATIONS OF THE UNITED STATES CIVIL SERVICE COMMISSION) MERELY GRANTED DISCRETION TO ESTABLISH YOUR SALARY UPON REEMPLOYMENT AT THE HIGHEST RATE PREVIOUSLY PAID TO YOU. THE REGULATIONS DID NOT REQUIRE THAT YOUR SALARY BE FIXED AT YOUR HIGHEST PREVIOUS RATE, NOR DID THE ADMINISTRATIVE OFFICE EVER INTEND TO PAY YOU YOUR HIGHEST PREVIOUS RATE.
IN THE ABSENCE OF AN ADMINISTRATIVE REPORT SHOWING A BONA FIDE ERROR IN FIXING YOUR INITIAL SALARY RATE AND THE ADMINISTRATIVE DESIRE TO MAKE CORRECTION THEREIN, THERE EXISTS NO LEGAL BASIS TO RETROACTIVELY ADJUST YOUR COMPENSATION.