B-127377, APR. 6, 1956

B-127377: Apr 6, 1956

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YOU WERE REDUCED-IN- FORCE FROM YOUR POSITION AS ASSISTANT DIRECTOR OF WOMEN'S AFFAIRS. RESTORATION WAS MADE EFFECTIVE FEBRUARY 8. YOU WERE REDUCED-IN-FORCE FROM THE LATTER POSITION EFFECTIVE MARCH 25. THE SECOND REDUCTION-IN-FORCE ACTION WAS UPHELD BY THE CIVIL SERVICE COMMISSION IN THEIR LETTER OF JUNE 1. IS NOT UNDERSTOOD BECAUSE INFORMATION INFORMALLY OBTAINED FROM THE FEDERAL CIVIL DEFENSE ADMINISTRATION IS THAT YOU ALREADY HAVE BEEN COMPENSATED FOR THAT PERIOD. APPEARS TO BE BASED ON THE GROUNDS THAT YOU WERE NOT RESTORED TO A POSITION OF "COMPARABLE SENIORITY AND STATUS" AS REQUIRED BY THE COMMISSION'S LETTER OF JANUARY 27. THAT THE RESTORATION WAS NEVER PROPERLY CARRIED OUT. WHETHER AN EMPLOYEE HAS BEEN RESTORED TO A POSITION OF "COMPARABLE SENIORITY AND STATUS" IS FOR DETERMINATION BY THE ADMINISTRATIVE AGENCY CONCERNED AND THE CIVIL SERVICE COMMISSION.

B-127377, APR. 6, 1956

TO MISS RESSIE WEBSTER CROXDALE:

YOUR LETTER OF MARCH 10, 1956, REQUESTS RECONSIDERATION OF OUR SETTLEMENT OF MARCH 2, 1956, WHICH DENIED YOUR CLAIM FOR COMPENSATION FROM FEBRUARY 8, 1955, TO THE PRESENT.

THE RECORD SHOWS THAT EFFECTIVE SEPTEMBER 14, 1953, YOU WERE REDUCED-IN- FORCE FROM YOUR POSITION AS ASSISTANT DIRECTOR OF WOMEN'S AFFAIRS, GS-13, FEDERAL CIVIL DEFENSE ADMINISTRATION, BERKELEY, CALIFORNIA. SUBSEQUENTLY THE CIVIL SERVICE COMMISSION FOUND THE REDUCTION-IN-FORCE PROCEDURALLY DEFECTIVE, AND BY LETTER OF JANUARY 27, 1955, TO THE FEDERAL CIVIL DEFENSE ADMINISTRATION THE COMMISSION ORDERED YOU RESTORED TO A POSITION "COMPARABLE IN SENIORITY, STATUS AND PAY" TO THE POSITION FROM WHICH YOU HAD BEEN SEPARATED. RESTORATION WAS MADE EFFECTIVE FEBRUARY 8, 1955, TO THE POSITION OF SPECIAL ASSISTANT TO THE REGIONAL ADMINISTRATOR (WOMEN'S ACTIVITIES), GS-13. YOU WERE REDUCED-IN-FORCE FROM THE LATTER POSITION EFFECTIVE MARCH 25, 1955. THE SECOND REDUCTION-IN-FORCE ACTION WAS UPHELD BY THE CIVIL SERVICE COMMISSION IN THEIR LETTER OF JUNE 1, 1955, TO YOU.

YOUR CLAIM FOR COMPENSATION FOR THE PERIOD FEBRUARY 8 TO MARCH 25, 1955, IS NOT UNDERSTOOD BECAUSE INFORMATION INFORMALLY OBTAINED FROM THE FEDERAL CIVIL DEFENSE ADMINISTRATION IS THAT YOU ALREADY HAVE BEEN COMPENSATED FOR THAT PERIOD. YOUR CLAIM FOR COMPENSATION FOR THE PERIOD SUBSEQUENT TO MARCH 25, 1955, APPEARS TO BE BASED ON THE GROUNDS THAT YOU WERE NOT RESTORED TO A POSITION OF "COMPARABLE SENIORITY AND STATUS" AS REQUIRED BY THE COMMISSION'S LETTER OF JANUARY 27, 1955, AND, THEREFORE, THAT THE RESTORATION WAS NEVER PROPERLY CARRIED OUT. WHETHER AN EMPLOYEE HAS BEEN RESTORED TO A POSITION OF "COMPARABLE SENIORITY AND STATUS" IS FOR DETERMINATION BY THE ADMINISTRATIVE AGENCY CONCERNED AND THE CIVIL SERVICE COMMISSION. OUR OFFICE UNDER EXISTING LAW HAS NO AUTHORITY OR JURISDICTION TO UNDERTAKE THE REVIEW OF THE ADMINISTRATIVE ACTION TAKEN IN SUCH MATTERS. IN THE ABSENCE OF A FINDING BY THE AGENCY OR THE COMMISSION THAT THE RESTORATION OF FEBRUARY 8, 1955, OR THE REDUCTION-IN-FORCE OF MARCH 25, 1955, WAS IMPROPER AND THAT YOU ARE AGAIN ENTITLED TO BE RESTORED, OUR OFFICE IS WITHOUT AUTHORITY TO ALLOW ANY ADDITIONAL PAYMENT TO YOU. ACCORDINGLY, WE HAVE NO ALTERNATIVE BUT TO SUSTAIN THE DENIAL OF YOUR CLAIM.