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B-191056 1 (1978-06-05)

handle is hein.gao/gaobadgcl0001 and id is 1 raw text is: t~e 4~,Pt1V THE COMPTROLLER GENERAL DECISI N j a wrHe UNITE *TATea FiLE: B-191056 DATE: June 5, 1978 MATTER OF: Marie R. Streeter -- Claim ¶or per diem incident to erroneous transfer DIGESTEmployee, who was transferred to new duty station, fil.ed a complaint alleging discrimination in the transfer. Appeals Review Board of Civil Service Commission ruled that the transfer was based on race and sex discrimination. Agency retroactively restored employee to her old position. Cortective action did not change interim duty status from permanent to temporary, and employee may not be paid per diem while stationed at new duty station for 3 years. However, employee is entitled to relocation expenses incident to two transfers. This decision is in response to the request for an advance'decision from Robert Caswell, an authorized certifying officer of the Bureau of Indian Affairs (BIA)f U.S. Department of the Interior, concerning the claim of Ms. Marie R. Streeter, a BIA employee, for per diem incident to her impxoper transfer to a new duty station. Thw record indfcates that effictive August 19, 1973, Ms. Streeter was transferred from her position as Employment Assistance Officer at San Jose, California, to the position of Tsaining Center Coordinator at Maderar California. Ms. Streeter filed a dicrimination complaint alleqing that she had been reassigned in advance of a reduction in force so as to permit the appointment of another employee to her position. The Appeals Review Board of the Civil Service Commission, in its decision dated March 16, 1976, held that the allegations of discrimination based on sex and race were supported by the evidence presented, and the Board found that but for the discrimination Ms. Streeter would have been assigned to the position of Employment Assistance Officer. The agency, in complying with the Board's decision, retroactively appointed Ms. Streeter in April, 1976, to the position of Employment Assistance Officer and retroactively changed her permanent duty station to Alameda, California.

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