B-126683, MAR. 23, 1956
Highlights
HYLIND WAS REASSIGNED AND REDUCED IN GRADE. FURTHER APPEARS THAT HE WAS NOT RESTORED TO HIS FORMER POSITION NOR WAS HE THEREAFTER EMPLOYED IN A POSITION OF EQUIVALENT GRADE BY THE GENERAL SERVICES ADMINISTRATION. HYLIND'S REDUCTION IN GRADE WAS ACCOMPLISHED UNDER SECTION 12 OF THE VETERANS' PREFERENCE ACT OF 1944. OR RESTORATION (FOR PAY PURPOSES) TO THE POSITION IN QUESTION IS ONE OVER WHICH OUR OFFICE HAS NO JURISDICTION. HYLIND'S CASE WAS IN ACCORDANCE WITH ITS REGULATIONS. THAT HE WAS AFFORDED ALL RIGHTS AND PROCEDURES TO WHICH HE WAS ENTITLED UNDER SECTION 12 OF THE VETERAN'S PREFERENCE ACT AND THEREFORE. HE WAS PROPERLY REACHED FOR REDUCTION IN FORCE. HYLIND'S DEMOTION WAS NOT IN CONTRAVENTION OF LAW OUR OFFICE IS WITHOUT JURISDICTION TO AUTHORIZE PAYMENT OF THE COMPENSATION CLAIMED AND YOUR ALLEGATIONS THAT MR.
B-126683, MAR. 23, 1956
TO MRS. HELEN E. HYLIND:
YOUR RECENT LETTER REQUESTS A REVIEW OF OUR SETTLEMENT OF NOVEMBER 23, 1955, WHICH DISALLOWED YOUR CLAIM, AS ADMINISTRATRIX, FOR COMPENSATION UNDER THE PROVISIONS OF THE VETERANS' PREFERENCE ACT OF 1944, 58 STAT. 387, AS AMENDED, COVERING THE PERIOD OF DEMOTION OF MR. JOSEPH E. HYLIND, NOW DECEASED, AS AN EMPLOYEE OF THE GENERAL SERVICES ADMINISTRATION.
IT APPEARS THAT MR. HYLIND WAS REASSIGNED AND REDUCED IN GRADE, FROM GS-7 TO GS-5, BECAUSE OF A REDUCTION IN FORCE EFFECTIVE JULY 1, 1950. FURTHER APPEARS THAT HE WAS NOT RESTORED TO HIS FORMER POSITION NOR WAS HE THEREAFTER EMPLOYED IN A POSITION OF EQUIVALENT GRADE BY THE GENERAL SERVICES ADMINISTRATION.
MR. HYLIND'S REDUCTION IN GRADE WAS ACCOMPLISHED UNDER SECTION 12 OF THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED, 5 U.S.C. 861, WHICH PROVIDES THAT THE RELEASE OF PERSONNEL IN A REDUCTION IN FORCE SHALL BE "IN ACCORDANCE WITH CIVIL SERVICE COMMISSION REGULATIONS.' SECTION 19 OF THE ACT, 5 U.S.C. 868, PROVIDES THAT IT SHALL BE THE AUTHORITY AND DUTY OF THE CIVIL SERVICE COMMISSION IN ALL CASES UNDER THE CLASSIFIED CIVIL SERVICE TO MAKE AND ENFORCE APPROPRIATE RULES AND REGULATIONS TO CARRY INTO FULL EFFECT THE PROVISIONS, INTENT, AND PURPOSES OF THAT ACT. HENCE, THE MATTER OF MR. HYLIND'S REMOVAL FROM, OR RESTORATION (FOR PAY PURPOSES) TO THE POSITION IN QUESTION IS ONE OVER WHICH OUR OFFICE HAS NO JURISDICTION.
IN RESPONSE TO YOUR ATTORNEY'S CORRESPONDENCE RELATIVE TO MR. HYLIND'S DEMOTION THE CIVIL SERVICE COMMISSION IN ITS LETTER OF MAY 4, 1955, STATED THAT THE REDUCTION-IN-FORCE ACTION TAKEN IN MR. HYLIND'S CASE WAS IN ACCORDANCE WITH ITS REGULATIONS; THAT HE WAS AFFORDED ALL RIGHTS AND PROCEDURES TO WHICH HE WAS ENTITLED UNDER SECTION 12 OF THE VETERAN'S PREFERENCE ACT AND THEREFORE, HE WAS PROPERLY REACHED FOR REDUCTION IN FORCE. IN VIEW OF THE CIVIL SERVICE COMMISSION'S FINDING THAT MR. HYLIND'S DEMOTION WAS NOT IN CONTRAVENTION OF LAW OUR OFFICE IS WITHOUT JURISDICTION TO AUTHORIZE PAYMENT OF THE COMPENSATION CLAIMED AND YOUR ALLEGATIONS THAT MR. HYLIND WAS DOWNGRADED WHILE NONVETERANS WERE RETAINED IN THEIR POSITIONS, IF TIMELY PRESENTED, ARE FOR CONSIDERATION BY THE COMMISSION RATHER THAN OUR OFFICE.
ACCORDINGLY, OUR SETTLEMENT OF NOVEMBER 23, 1955, DISALLOWING YOUR CLAIM, MUST BE AND IS SUSTAINED.