The Internal Revenue Service (IRS) requested a decision regarding an employee's claim for reimbursement for attorney fees he incurred pursuant to a grievance. The claimant had contended that, in retaliation for whistleblowing allegations he had made, IRS: (1) abolished his managerial position; (2) reassigned him to a staff assistant position; and (3) denied his request for a transfer to another managerial position. IRS advised that, under the grievance settlement, the claimant received another managerial position and some incidental and collateral relief, but no backpay or other monetary award. GAO held that the claimant was not entitled to reimbursement for his attorney fees, since the grievance did not involve: (1) backpay or other monetary award; and (2) adversary adjudication. Accordingly, the claim was denied.
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