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B-157602, NOV. 24, 1970

B-157602 Nov 24, 1970
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CONCLUDING THAT THERE IS NO BASIS FOR CLAIM FOR SALARY LOST AS RESULT OF TRANSFER FROM AGRICULTURE TO THE FEDERAL HOUSING ADMINISTRATION IN 1955. FITZGERALD: THIS WILL REFER TO YOUR LETTERS OF AUGUST 19 AND NOVEMBER 9. WE HAVE NOW REVIEWED CAREFULLY THESE COMMUNICATIONS TOGETHER WITH OUR FILE ON YOUR CLAIM FOR SALARY LOST AS A RESULT OF YOUR TRANSFER ON FEBRUARY 21. IT IS OUR UNDERSTANDING THAT THESE TRANSPIRED AS THE RESULT OF YOUR HAVING FILED A GRIEVANCE COMPLAINT WITH THE CIVIL SERVICE COMMISSION AFTER THE TITLE AND SERIES. OF YOUR POSITION WITH THE NATIONAL TRANSPORTATION SAFETY BOARD WERE CHANGED. WE ARE ADVISED BY NTSB THAT THE CHANGE IN TITLE AND SERIES FROM CLERK-TYPIST. GS-322-5 TO CLERK (TYPING) GS-301-5 OCCURRED AS THE RESULT OF A REVIEW OF POSITION DESCRIPTIONS IN THE AGENCY AND WAS.

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B-157602, NOV. 24, 1970

COMPENSATION - POSITION CLASSIFICATION REAFFIRMING LETTER OF OCTOBER 9, 1969, CONCLUDING THAT THERE IS NO BASIS FOR CLAIM FOR SALARY LOST AS RESULT OF TRANSFER FROM AGRICULTURE TO THE FEDERAL HOUSING ADMINISTRATION IN 1955. THE CHANGE IN TITLE AND SERIES, FROM CLERK-TYPIST, GS-322-5 TO CLERK (TYPING), GS-301-4, OF EMPLOYEE WORKING FOR THE FEDERAL HOUSING ADMINISTRATION, AS THE RESULT OF A REVIEW OF POSITION DESCRIPTIONS IN THE AGENCY, CANNOT BE INTERPRETED AS AN ADVERSE ACTION DIRECTED AT THE EMPLOYEE AND THEREFORE NO BASIS FOR RELIEF BY COMPTROLLER GENERAL.

TO MISS LORETTO B. FITZGERALD:

THIS WILL REFER TO YOUR LETTERS OF AUGUST 19 AND NOVEMBER 9, 1970, AND THE ENCLOSURES ACCOMPANYING THEM. WE HAVE NOW REVIEWED CAREFULLY THESE COMMUNICATIONS TOGETHER WITH OUR FILE ON YOUR CLAIM FOR SALARY LOST AS A RESULT OF YOUR TRANSFER ON FEBRUARY 21, 1955, FROM THE DEPARTMENT OF AGRICULTURE TO THE FEDERAL HOUSING ADMINISTRATION.

CONCERNING THE LETTER OF NOVEMBER 5, 1970, FROM THE CHAIRMAN, BOARD OF APPEALS AND REVIEW OF THE UNITED STATES CIVIL SERVICE COMMISSION TO YOUR ATTORNEY REGARDING PROCEEDINGS BEFORE THE BOARD, IT IS OUR UNDERSTANDING THAT THESE TRANSPIRED AS THE RESULT OF YOUR HAVING FILED A GRIEVANCE COMPLAINT WITH THE CIVIL SERVICE COMMISSION AFTER THE TITLE AND SERIES, BUT NOT THE GRADE OR SALARY, OF YOUR POSITION WITH THE NATIONAL TRANSPORTATION SAFETY BOARD WERE CHANGED. WE ARE ADVISED BY NTSB THAT THE CHANGE IN TITLE AND SERIES FROM CLERK-TYPIST, GS-322-5 TO CLERK (TYPING) GS-301-5 OCCURRED AS THE RESULT OF A REVIEW OF POSITION DESCRIPTIONS IN THE AGENCY AND WAS, IN NO WAY, AN ADVERSE ACTION DIRECTED AGAINST YOU. ALTHOUGH YOU SEEM TO HAVE BELIEVED THAT THE CHANGE IN POSITION TITLE WOULD RESULT IN A REDUCTION IN SALARY, THIS APPEARS TO HAVE BEEN A MISUNDERSTANDING SINCE NO REDUCTION WAS MADE. WE FURTHER NOTE THE FINDING OF THE BOARD OF APPEALS AND REVIEW THAT THE CHANGE DID NOT SUBJECT YOU TO A REDUCTION IN RANK, AS YOU ALLEGE IN YOUR LETTER OF SEPTEMBER 4 TO THE CHAIRMAN. EVIDENTLY, THEN, NO ADVERSE ACTION AGAINST YOU WAS INTENDED OR OCCURRED.

THE CHANGE IN YOUR POSITION TITLE AND YOUR SUBSEQUENT GRIEVANCE COMPLAINT ARE MATTERS WITHIN THE JURISDICTION OF THE NATIONAL TRANSPORTATION SAFETY BOARD AND THE CIVIL SERVICE COMMISSION, AND MAY NOT BE REVIEWED BY THIS OFFICE. ACCORDINGLY, THERE IS NO BASIS WHEREBY THIS OFFICE COULD GRANT YOU ANY RELIEF IN THE MATTER OF THE CHANGE IN TITLE.

WE NOTE THAT YOU HAVE, AGAIN, RAISED THE ISSUE OF THE SALARY RATE AT WHICH YOU WERE EMPLOYED BY THE FEDERAL HOUSING ADMINISTRATION WHEN YOU TRANSFERRED TO THAT AGENCY FROM THE DEPARTMENT OF AGRICULTURE EFFECTIVE FEBRUARY 21, 1955. AS NOTED ABOVE, WE HAVE REVIEWED THIS MATTER, AND, AS WE STATED IN OUR LETTER TO YOU OF OCTOBER 9, 1969, WE MUST SAY, AGAIN, THAT WE FIND NO BASIS UPON WHICH OUR ACTION MIGHT BE REVERSED. OUR VIEW OF THE CIRCUMSTANCES OF THAT TRANSFER HAS BEEN THOROUGHLY DISCUSSED IN OUR LETTERS TO YOU OF OCTOBER 18, 1965, AND SEPTEMBER 28, 1966. IN ANY EVENT, WE FAIL TO FIND ANY CONNECTION BETWEEN THE SALARY RATE AT WHICH YOU WERE HIRED BY THE FEDERAL HOUSING ADMINISTRATION IN FEBRUARY 1955 AND THE CHANGE IN YOUR POSITION TITLE BY THE NATIONAL TRANSPORTATION SAFETY BOARD EFFECTIVE AUGUST 24, 1969.

WE SINCERELY REGRET THE NEWS OF YOUR SEVERE AND EXTENDED ILLNESS. WITH RESPECT TO THE FAILURE OF THE NATIONAL TRANSPORTATION SAFETY BOARD TO GRANT YOU ADVANCE SICK LEAVE, WE FIND NOTHING IN THE RECORD TO INDICATE THAT YOU APPLIED FOR SUCH LEAVE OR, IF YOU DID, WHAT REASON THE AGENCY MAY HAVE HAD FOR DENYING IT. HOWEVER, THE GRANTING OF ADVANCE SICK LEAVE IS ENTIRELY DISCRETIONARY WITH THE EMPLOYING AGENCY AND THE DECISION OF AN AGENCY TO WITHHOLD IT IS NOT A MATTER THIS OFFICE WOULD ORDINARILY HAVE REASON TO QUESTION.

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