B-222704, NOV 12, 1986

B-222704: Nov 12, 1986

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WE HAVE NO LEGAL OBJECTIONS TO THE DRAFT ORDER WITH THE FOLLOWING CHANGES. WE RECOMMEND THAT A PARAGRAPH BE INSERTED TO EXPLAIN APPEAL PROCEDURES WHICH ARE AVAILABLE FOR (1) RECLASSIFICATION ACTIONS. (3) ACTIONS WHERE GRADE RETENTION IS NOT AVAILABLE. B-222704 PLM: THIS IS IN RESPONSE TO YOUR MEMORANDUM DATED OCTOBER 17. WE HAVE REVIEWED THESE REGULATIONS AND HAVE DISCUSSED THE FOLLOWING SUGGESTED CHANGES WITH MS. WE HAVE NO LEGAL OBJECTIONS TO THE DRAFT ORDER. AN EMPLOYEE WHO IS GRANTED GRADE OR PAY RETENTION BECAUSE OF A RECLASSIFICATION ACTION MAY APPEAL THE CLASSIFICATION DECISION IN ACCORDANCE WITH GAO ORDER 2511.1. AN EMPLOYEE WHO IS GRANTED GRADE OR PAY RETENTION BECAUSE OF A REDUCTION-IN-FORCE MAY APPEAL THE REDUCTION-IN- FORCE ACTION IN ACCORDANCE WITH GAO ORDER 2351.1.

B-222704, NOV 12, 1986

CIVILIAN PERSONNEL - COMPENSATION - COMPENSATION RETENTION - ADMINISTRATIVE REGULATIONS CIVILIAN PERSONNEL - COMPENSATION - GRADE RETENTION - ADMINISTRATIVE REGULATIONS DIGEST: GAO PERSONNEL REQUESTS REVIEW OF DRAFT ORDER CONCERNING GRADE AND PAY RETENTION PROCEDURES. WE HAVE NO LEGAL OBJECTIONS TO THE DRAFT ORDER WITH THE FOLLOWING CHANGES. WE RECOMMEND THAT A PARAGRAPH BE INSERTED TO EXPLAIN APPEAL PROCEDURES WHICH ARE AVAILABLE FOR (1) RECLASSIFICATION ACTIONS, (2) RIF ACTIONS, AND (3) ACTIONS WHERE GRADE RETENTION IS NOT AVAILABLE. WE ALSO RECOMMEND THAT THESE REGULATIONS REFLECT THE RECENT CHANGE IN OPM REGULATIONS TO PRECLUDE GRADE OR PAY RETENTION INCIDENT TO A STATUTORY REDUCTION IN PAY.

GRADE AND PAY RETENTION REGULATIONS, DRAFT GAO ORDER 2536.1, B-222704 PLM:

THIS IS IN RESPONSE TO YOUR MEMORANDUM DATED OCTOBER 17, 1986, REQUESTING OUR REVIEW OF DRAFT GAO ORDER 2536.1 CONCERNING GRADE AND PAY RETENTION PROCEDURES IN THE GENERAL ACCOUNTING OFFICE.

WE HAVE REVIEWED THESE REGULATIONS AND HAVE DISCUSSED THE FOLLOWING SUGGESTED CHANGES WITH MS. ANN PRICCI OF YOUR STAFF. WITH THE INCLUSION OF THESE CHANGES, WE HAVE NO LEGAL OBJECTIONS TO THE DRAFT ORDER.

WE RECOMMEND THAT PARAGRAPH 10 CONCERNING GRIEVANCE PROCEDURES BE REVISED TO READ AS FOLLOWS:

10. APPEALS. AN EMPLOYEE WHO IS GRANTED GRADE OR PAY RETENTION BECAUSE OF A RECLASSIFICATION ACTION MAY APPEAL THE CLASSIFICATION DECISION IN ACCORDANCE WITH GAO ORDER 2511.1. AN EMPLOYEE WHO IS GRANTED GRADE OR PAY RETENTION BECAUSE OF A REDUCTION-IN-FORCE MAY APPEAL THE REDUCTION-IN- FORCE ACTION IN ACCORDANCE WITH GAO ORDER 2351.1. IF THE EMPLOYEE'S GRADE HAD BEEN REDUCED AND THE EMPLOYEE IS NOT ELIGIBLE FOR GRADE REDUCTION, THE EMPLOYEE MAY FILE A GRIEVANCE IN ACCORDANCE WITH THE PROCEDURES IN GAO ORDER 2771.1, EVEN THOUGH THE EMPLOYEE IS GRANTED PAY RETENTION.

THE INCLUSION OF THIS LANGUAGE WOULD MORE FULLY EXPLAIN TO THE READER THE VARIOUS APPEAL PROCEDURES WHICH ARE AVAILABLE IN CONNECTION WITH A PERSONNEL ACTION WHICH MIGHT RESULT IN THE APPLICATION OF GRADE OR PAY RETENTION. THIS LANGUAGE WAS ADOPTED FROM FEDERAL PERSONNEL MANUAL CHAPTER 536, SUBCHAPTER 6 (1981).

IN PARAGRAPH 11, WE RECOMMEND THAT SUBPARAGRAPH (4) BE REVISED TO READ AS FOLLOWS: "THE TENURE OF THE OFFERED POSITION MUST BE EQUAL TO OR GREATER THAN THE POSITION CREATING THE ENTITLEMENT FOR GRADE OR PAY RETENTION." THIS LANGUAGE WOULD CONFORM WITH THE COMPARABLE PROVISION IN 5 C.F.R. SEC. 536.206(3) (1986).

FINALLY, WE RECOMMEND THAT THESE REGULATIONS REFLECT A RECENT CHANGE IN THE OFFICE OF PERSONNEL MANAGEMENT REGULATIONS ON GRADE AND PAY RETENTION, 5 C.F.R. PART 536 (1986), WHICH PROVIDES THAT GRADE AND PAY RETENTION DOES NOT APPLY TO A STATUTORY REDUCTION IN PAY OR A REDUCTION IN PAY AUTHORIZED UNDER 5 U.S.C. SEC. 5305(C) (1982). SEE 51 FED.REG. 12683 (1986) (COPY ENCLOSED). WE SUGGEST THAT SUCH LANGUAGE COULD APPEAR IN PARAGRAPH 6 OF THE DRAFT ORDER CONCERNING EXCLUSIONS.

I HAVE SIGNED AND ATTACHED GAO FORM 382 FOR THIS ORDER.