B-129162, OCT. 11, 1956
Highlights
THE REDUCTION OF YOUR GRADE AND COMPENSATION WAS INCIDENT TO THE DISESTABLISHMENT OF THE NAVAL ORDNANCE PLANT AS A SEPARATE COMMAND. YOU WERE REDUCED IN GRADE AND COMPENSATION. WAS DISMISSED AS NOT HAVING BEEN TIMELY TAKEN. FAVORABLE CONSIDERATION BY OUR OFFICE MAY NOT BE GIVEN YOUR CLAIM FOR COMPENSATION IN THE ABSENCE OF A DETERMINATION BY PROPER AUTHORITY THAT THE PERSONNEL ACTION INVOLVED WAS IN CONTRAVENTION OF THE VETERANS' PREFERENCE ACT OF 1944. IN YOUR CASE THE CIVIL SERVICE COMMISSION REFUSED TO CONSIDER YOUR APPEAL FOR RESTORATION TO YOUR POSITION ON THE GROUND THAT IT WAS NOT TIMELY FILED.
B-129162, OCT. 11, 1956
TO MR. OAKLEY O. WARREN:
THERE HAS BEEN FURTHER CONSIDERED YOUR CLAIM FOR COMPENSATION LOST AS A RESULT OF YOUR REDUCTION, EFFECTIVE MARCH 31, 1950, FROM LEADINGMAN MACHINIST, $4,576 PER ANNUM, TO MACHINIST, $14 PER DAY, WHILE AN EMPLOYEE OF THE NAVY DEPARTMENT, NAVAL ORDNANCE PLANT, ALEXANDRIA, VIRGINIA.
THE REDUCTION OF YOUR GRADE AND COMPENSATION WAS INCIDENT TO THE DISESTABLISHMENT OF THE NAVAL ORDNANCE PLANT AS A SEPARATE COMMAND. YOU CONTEND THE PERSONNEL ACTION VIOLATED YOUR RIGHTS UNDER THE VETERANS' PREFERENCE ACT OF 1944, AS AMENDED, 5 U.S.C. 851, ET SEQ.
BY LETTER OF FEBRUARY 28, 1950, THE NAVAL ORDNANCE PLANT ADVISED YOU OF THE PROPOSED CHANGE IN YOUR GRADE. IN A LETTER DATED MARCH 3, 1950, TO THE COMMANDING OFFICER, YOU PROTESTED THE CONTEMPLATED ACTION WITHOUT SUCCESS. EFFECTIVE MARCH 31, 1950, YOU WERE REDUCED IN GRADE AND COMPENSATION. IN NOVEMBER 1953 YOU APPEALED TO THE CIVIL SERVICE COMMISSION. THAT APPEAL, HOWEVER, WAS DISMISSED AS NOT HAVING BEEN TIMELY TAKEN.
FAVORABLE CONSIDERATION BY OUR OFFICE MAY NOT BE GIVEN YOUR CLAIM FOR COMPENSATION IN THE ABSENCE OF A DETERMINATION BY PROPER AUTHORITY THAT THE PERSONNEL ACTION INVOLVED WAS IN CONTRAVENTION OF THE VETERANS' PREFERENCE ACT OF 1944. THE LATTER ACT PROVIDES FOR AN APPEAL FROM AN ADVERSE ADMINISTRATIVE ACTION TO THE CIVIL SERVICE COMMISSION. IT DOES NOT PROVIDE FOR AN APPEAL TO THIS OFFICE. IN YOUR CASE THE CIVIL SERVICE COMMISSION REFUSED TO CONSIDER YOUR APPEAL FOR RESTORATION TO YOUR POSITION ON THE GROUND THAT IT WAS NOT TIMELY FILED.