B-163676, SEP. 23, 1968
Highlights
TO MISS BEATRICE SILK: THIS IS WITH REFERENCE TO YOUR LETTER OF AUGUST 15. IN WHICH YOU AGAIN ASSERT THAT PART 772 OF THE CIVIL SERVICE COMMISSION'S REGULATIONS (5 CFR 772.301 (A) ( IS NOT APPLICABLE TO YOUR CASE. WE HAVE EXAMINED THIS MATTER IN OUR LETTERS TO YOU OF APRIL 2. ARE STILL OF THE VIEW THAT THE AGENCY AS WELL AS THE EMPLOYEE HAS THE RIGHT TO APPEAL UNDER PART 772 OF THE REGULATIONS. THE FINDING WILL BECOME THE FINAL RECOMMENDATION * * *.'. STATED THAT THE DECISION OF THE BOARD OF APPEALS AND REVIEW WAS THE FINAL DECISION OF THE COMMISSION. YOU HAVE WAIVED THE RIGHT TO QUESTION THE CIVIL SERVICE COMMISSIONERS' AUTHORITY TO REVIEW THE CASE. YOU ARE REFERRED AGAIN TO THE CASES CITED IN OUR LETTER OF JULY 17.
B-163676, SEP. 23, 1968
TO MISS BEATRICE SILK:
THIS IS WITH REFERENCE TO YOUR LETTER OF AUGUST 15, 1968, IN WHICH YOU AGAIN ASSERT THAT PART 772 OF THE CIVIL SERVICE COMMISSION'S REGULATIONS (5 CFR 772.301 (A) ( IS NOT APPLICABLE TO YOUR CASE.
WE HAVE EXAMINED THIS MATTER IN OUR LETTERS TO YOU OF APRIL 2, 1968, JUNE 4, 1968, AND JULY 17, 1968, AND ARE STILL OF THE VIEW THAT THE AGENCY AS WELL AS THE EMPLOYEE HAS THE RIGHT TO APPEAL UNDER PART 772 OF THE REGULATIONS.
THE CIVIL SERVICE COMMISSION'S BOARD OF APPEALS AND REVIEW IN ITS LETTER OF NOVEMBER 19, 1965, TO THE SMALL BUSINESS ADMINISTRATION RECOGNIZED THE RIGHT OF THE AGENCY TO APPEAL FROM THE DECISION OF THE BOSTON REGIONAL OFFICE IN YOUR CASE. MOREOVER, THE REGIONAL DIRECTOR IN FORWARDING TO YOU THE FINDINGS ON YOUR APPEAL ON MAY 21, 1965, STATED "IN THE EVENT THAT THE EMPLOYING AGENCY DOES NOT CONTEMPLATE SUBMITTING AN APPEAL WITHIN THE SEVEN (7) DAY PERIOD, THE FINDING WILL BECOME THE FINAL RECOMMENDATION * * *.' THE AGENCY APPEALED ON MAY 27, 1965, TO THE BOARD OF APPEALS AND REVIEW WHICH PREVENTED THE DECISION OF THE REGIONAL OFFICE FROM EVER BECOMING FINAL AS YOU ASSERT.
THE BOARD OF APPEALS AND REVIEW IN ITS LETTER OF FEBRUARY 8, 1966, TO YOU, CLEARLY INDICATED THAT IT HAD FINALITY OF REVIEW IN YOUR CASE. RESPONSE TO YOUR APPEAL OF FEBRUARY 16, 1966, THE CIVIL SERVICE COMMISSIONERS ON AUGUST 17, 1966, STATED THAT THE DECISION OF THE BOARD OF APPEALS AND REVIEW WAS THE FINAL DECISION OF THE COMMISSION. THUS, NOT ONLY DO THE COMMISSIONERS RECOGNIZE THE AUTHORITY OF THE BOARD TO REVIEW THE APPEAL FROM THE DECISION OF THE REGIONAL DIRECTOR BUT IT COULD ALSO BE SAID THAT BY CARRYING THE APPEAL TO THE COMMISSIONERS, ANOTHER STEP IN THE APPELLATE PROCESS, YOU HAVE WAIVED THE RIGHT TO QUESTION THE CIVIL SERVICE COMMISSIONERS' AUTHORITY TO REVIEW THE CASE.
YOU ARE REFERRED AGAIN TO THE CASES CITED IN OUR LETTER OF JULY 17, 1968. THIS OFFICE IS OF THE OPINION THAT THE BOARD WAS ACTING WITHIN THE SCOPE OF ITS OWN REGULATIONS IN REVIEWING THE AGENCY APPEAL IN YOUR CASE.
IN THE ABSENCE OF ADDITIONAL PERTINENT EVIDENCE, ANY FURTHER CORRESPONDENCE IN THIS MATTER WILL BE FILED WITHOUT REPLY.