B-127898, AUG. 22, 1956

B-127898: Aug 22, 1956

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FORTAS AND PORTER: REFERENCE IS MADE TO YOUR LETTER OF JUNE 13. RAMSEY WAS ALLOWED THE NET AMOUNT OF $3.956.56 UPON HIS CLAIM FOR COMPENSATION COVERING THE PERIOD FROM MARCH 31. RAMSEY WAS EMPLOYED AS A MECHANIC PIPECOVERER AND INSULATOR IN THE CHARLESTON. HIS SERVICES WERE TERMINATED PURSUANT TO A REDUCTION IN FORCE ON APRIL 27. HE WAS REEMPLOYED ON APRIL 4. HE WAS PROMOTED TO THE SUPERVISORY POSITION OF LEADINGMAN PIPECOVERER AND INSULATOR. HE WAS DEMOTED TO HIS FORMER NONSUPERVISORY POSITION WITH THE CONSEQUENT REDUCTION IN COMPENSATION. THE CLAIM COVERS THE COMPENSATION STATED TO HAVE BEEN ILLEGALLY DENIED HIM AS A RESULT OF THE MARCH 31. YOU ARE OF THE VIEW THAT MR. RAMSEY'S REDUCTION IN GRADE WAS NOT ACCOMPLISHED IN ACCORDANCE WITH SECTION 12 OF THE VETERANS'PREFERENCE ACT OF 1944.

B-127898, AUG. 22, 1956

TO ARNOLD, FORTAS AND PORTER:

REFERENCE IS MADE TO YOUR LETTER OF JUNE 13, 1956, AS ATTORNEYS FOR MR. JAKE B. RAMSEY, RELATIVE TO OUR SETTLEMENT OF MARCH 27, 1956, BY WHICH MR. RAMSEY WAS ALLOWED THE NET AMOUNT OF $3.956.56 UPON HIS CLAIM FOR COMPENSATION COVERING THE PERIOD FROM MARCH 31, 1947, TO DECEMBER 1, 1955, AS AN EMPLOYEE OF THE DEPARTMENT OF THE NAVY.

IT APPEARS THAT MR. RAMSEY WAS EMPLOYED AS A MECHANIC PIPECOVERER AND INSULATOR IN THE CHARLESTON, SOUTH CAROLINA NAVAL SHIPYARD ON OCTOBER 27, 1936. HIS SERVICES WERE TERMINATED PURSUANT TO A REDUCTION IN FORCE ON APRIL 27, 1937, AND HE WAS REEMPLOYED ON APRIL 4, 1939. ON JUNE 29, 1942, HE WAS PROMOTED TO THE SUPERVISORY POSITION OF LEADINGMAN PIPECOVERER AND INSULATOR. ON MARCH 31, 1947, HE WAS DEMOTED TO HIS FORMER NONSUPERVISORY POSITION WITH THE CONSEQUENT REDUCTION IN COMPENSATION, WHICH POSITION HE HAS OCCUPIED SINCE THAT TIME. THE CLAIM COVERS THE COMPENSATION STATED TO HAVE BEEN ILLEGALLY DENIED HIM AS A RESULT OF THE MARCH 31, 1947 DEMOTION.

APPARENTLY, YOU ARE OF THE VIEW THAT MR. RAMSEY'S REDUCTION IN GRADE WAS NOT ACCOMPLISHED IN ACCORDANCE WITH SECTION 12 OF THE VETERANS'PREFERENCE ACT OF 1944, AS AMENDED, 5 U.S.C. 861. IT CONSISTENTLY HAS BEEN HELD BY THE COURTS AND BY OUR OFFICE, HOWEVER, THAT ENTITLEMENT TO BACK PAY IS CONDITIONED BY THE STATUTE UPON THE RESTORATION OF AN EMPLOYEE EITHER ADMINISTRATIVELY OR BY MANDATE OF THE CIVIL SERVICE COMMISSION--- OR THE COURTS--- TO HIS FORMER POSITION OR ONE OF EQUIVALENT GRADE. SEE 5 U.S.C. 868, AND AS TO THE MANDATORY AUTHORITY OF THE COMMISSION IN THAT REGARD ATTENTION IS INVITED TO THE FIRST PROVISO, 5 U.S.C. 863, AND TO THE CASE OF JOHN A. ADLER, ET AL. V. UNITED STATES, 129 C.CLS. 150, 157. AS STATED IN YOUR EARLIER CORRESPONDENCE, BOTH THE COMMANDER, CHARLESTON NAVAL SHIPYARD, AND THE OFFICE OF INDUSTRIAL RELATIONS, DEPARTMENT OF THE NAVY, REFUSED CORRECTIVE ACTION. IT FURTHER WAS INDICATED THAT AN APPEAL WAS NOT TIMELY FILED WITH THE CIVIL SERVICE COMMISSION, APPARENTLY BECAUSE MR. RAMSEY BELIEVED THAT SUCH ACTION WOULD HAVE SERVED NO USEFUL PURPOSE. THERE WAS, THEREFORE, NO AUTHORITY UNDER THE VETERANS' PREFERENCE ACT, AS AMENDED, OR UNDER ANY OTHER STATUTE OF WHICH WE ARE AWARE, FOR ALLOWANCE OF THE CLAIM BY OUR OFFICE.

IN VIEW OF THE FOREGOING, IT IS REQUESTED THAT YOUR CLIENT MAKE ARRANGEMENTS WITHOUT FURTHER DELAY TO REMIT THE SUM OF $3,956.56, COVERING THE NET AMOUNT ALLOWED IN OUR SETTLEMENT.