B-128918, DEC. 31, 1956
Highlights
DURING WHICH YOU WERE ERRONEOUSLY SEPARATED FROM EMPLOYMENT WITH THE NATIONAL PRODUCTION AUTHORITY. IT APPEARS TO BE YOUR VIEW THAT YOU ARE ENTITLED TO THE DIFFERENCE IN THE RATE OF COMPENSATION FOR A GRADE GS-7 POSITION (THE RATE ON WHICH THE SETTLEMENTS WERE BASED) AND THAT OF A GRADE GS-9 POSITION. WE HAVE BEEN INFORMALLY ADVISED BY THE CIVIL SERVICE COMMISSION THAT YOU WERE INFORMED BY THE COMMISSION IN A LETTER DATED SEPTEMBER 3. WHICH WAS EXPLAINED TO YOU IN THE LETTER OF SEPTEMBER 3. THAT YOU SHOULD HAVE BEEN REASSIGNED TO A GRADE GS-7 POSITION. WAS COMPUTED. THIS WAS EXPLAINED FULLY TO YOU IN OUR LETTER OF SEPTEMBER 14. WE HAVE ALSO CONSIDERED YOUR VIEWS CONCERNING WITHIN-GRADE PROMOTIONS DURING THE PERIOD OF YOUR SEPARATION AND YOUR CONTENTIONS THAT YOU SHOULD HAVE BEEN ALLOWED TO KEEP YOUR LUMP-SUM PAYMENT FOR ANNUAL LEAVE.
B-128918, DEC. 31, 1956
TO MRS. ADELINE GIER SMITH:
YOUR LETTER OF NOVEMBER 28, 1956, REQUESTS RECONSIDERATION OF OUR DECISION OF SEPTEMBER 14, 1956, SUSTAINING OUR SETTLEMENTS OF NOVEMBER 15, 1955, WHICH ALLOWED YOU THE NET AMOUNT OF $1,626.05 AS COMPENSATION FOR THE PERIOD MARCH 2, 1953, TO JANUARY 10, 1954, DURING WHICH YOU WERE ERRONEOUSLY SEPARATED FROM EMPLOYMENT WITH THE NATIONAL PRODUCTION AUTHORITY, DEPARTMENT OF COMMERCE.
IT APPEARS TO BE YOUR VIEW THAT YOU ARE ENTITLED TO THE DIFFERENCE IN THE RATE OF COMPENSATION FOR A GRADE GS-7 POSITION (THE RATE ON WHICH THE SETTLEMENTS WERE BASED) AND THAT OF A GRADE GS-9 POSITION. IN SUPPORT OF THIS VIEW YOU ENCLOSE A PHOTOSTATIC COPY OF A LETTER DATED JUNE 23, 1953 FROM THE ACTING EXECUTIVE DIRECTOR, UNITED STATES CIVIL SERVICE COMMISSION, TO THE DIRECTOR OF PERSONNEL, DEPARTMENT OF COMMERCE, WHICH SUGGESTED THAT YOU BE CONSIDERED FOR A GRADE GS-9 POSITION.
WE HAVE BEEN INFORMALLY ADVISED BY THE CIVIL SERVICE COMMISSION THAT YOU WERE INFORMED BY THE COMMISSION IN A LETTER DATED SEPTEMBER 3, 1953, THAT THE ACTION PROPOSED IN THE LETTER OF JUNE 23, 1953, TO THE DEPARTMENT OF COMMERCE HAD BEEN WITHDRAWN ON THE BASIS OF INFORMATION RECEIVED FROM THE NATIONAL PRODUCTION AUTHORITY, WHICH WAS EXPLAINED TO YOU IN THE LETTER OF SEPTEMBER 3, 1953. THEREFORE, THE LATER DECISION OF THE CIVIL SERVICE COMMISSION BOARD OF APPEALS AND REVIEW, THAT YOU SHOULD HAVE BEEN REASSIGNED TO A GRADE GS-7 POSITION, RATHER THAN SEPARATED FROM EMPLOYMENT, CONSTITUTED THE AUTHORITY UPON WHICH THE COMPENSATION FOR THE PERIOD OF YOUR SEPARATION FROM MARCH 2, 1953, TO JANUARY 10, 1954, WAS COMPUTED, IN ACCORDANCE WITH THE ACT OF AUGUST 24, 1912, AS AMENDED BY THE ACT OF JUNE 10, 1948, 5 U.S.C. 652. THIS WAS EXPLAINED FULLY TO YOU IN OUR LETTER OF SEPTEMBER 14, 1956.
WE HAVE ALSO CONSIDERED YOUR VIEWS CONCERNING WITHIN-GRADE PROMOTIONS DURING THE PERIOD OF YOUR SEPARATION AND YOUR CONTENTIONS THAT YOU SHOULD HAVE BEEN ALLOWED TO KEEP YOUR LUMP-SUM PAYMENT FOR ANNUAL LEAVE. EXPLAINED IN OUR LETTER OF SEPTEMBER 14, 1956, THE REASONS WHY YOU WERE NOT ENTITLED TO WITHIN-GRADE PROMOTIONS DURING THE PERIOD OF YOUR SEPARATION AND WHY IT WAS NECESSARY TO COLLECT THE LUMP-SUM PAYMENT FOR YOUR ANNUAL LEAVE. WE APPRECIATE YOUR VIEWS IN THE MATTER; HOWEVER, THERE IS NO FURTHER ACTION WHICH WE MAY TAKE.