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B-195016 1 (1979-10-12)

handle is hein.gao/gaobadhrc0001 and id is 1 raw text is: T DECISION T) FILE: B-195016 JILZLZ ) 124/;J /fl HE COMPTROLLER GENERAL F THE UNITED STATES VASH INGTON, .C . 2054 8 DATE: October 12, 1979 F: Robert J. Flynn Employee of Federal Aviation Administration 06;0 (FAA) occupied position as GS-12 Air Traffic Control Specialist requiring successful completion of specified program of training as integral part of satisfactory performance in that position and failure to meet training require- ments constituted grounds for demotion. When employee failed to meet training requirements and was demoted to GS-11, his pay was properly set at step 3, although his work was of acceptable level of competence for purpose of step increase in GS-12, since his work was not satisfactory for purpose of setting pay at step 8 under FAA regulation implementing highest previous rate rule. Mr. Robert J. Flynn claims that he was improperly demoted from grade GS-12, step 2, to grade GS-11, step 3, instead of to grade GS-11, step 8, by his employing agency, the Federal Aviation Ad- ministration (FAA). The record shows that Mr. Flynn was promoted from a GS-11 position to GS-12, Air Traffic Control Specialist, a position which is developmental in nature. When he did not pass the training require- ments and qualify for promotion to GS-13, his training was terminated and, pursuant to a voluntary request for demotion, he was demoted to GS-11, step 3. Step 3 was the step to which he would have been entitled if .he had not been promoted to GS-12. Mr. Flynn contends that the FAA misapplied the intent of its Order 3550.1A and the referenced guidelines of Subchapter S5, Book 531 of Federal Personnel Manual (FPM) Supplement 990-2. He believes that although he -may have failed to meet the specified training requirements for promotion to GS-13, he did in fact meet the require- ments for work performance for OS-12 since he performed at an ac- ceptable level of competence and was advanced to GS-12, step 2. Thus Mr. Flynn concludes that in the circumstances presented he should have been demoted to step 8 of grade level GS-il. He apparently believes that paragraph 12e(l)(b) of the FAA Order should have been applied in his case. That paragraph provides, subject to certain exceptions, that when an employee voluntarily requests a demotion and his salary rate falls between two step rates in the lower grade, IVATTER 0 DIGEST:

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