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FPCD-76-33 1 (1976-01-02)

handle is hein.gao/gaobaaakb0001 and id is 1 raw text is: *bUTRICTEI - Not f b0 reoume i whth Omnerf l Aeoouhting f except on &* baeel of u*ecifc apprqval by the Office of Cemresslon. Relatien * q 2 g COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. Z0543 JAN% 1 '976 B-1 79810 RELEASED The Honorable Frank E. Moss United States Senate Dear Senator Moss: This is in reply to your November 19, 1975, letter, asking whether we had assessed the performance of the Federal Employees Appeals Authority since it was established in July 1974. We have not evaluated the appeals system administered by the Authority which has had jurisdiction over certain statutory appeals procedures since September 1974. The establishment of the new system involved major changes--changes we believe were necessary to improve the fairness, objectivity, and efficiency of the system. We will likely review their operation as soon as sufficient case history is available. Also, there have been several legislative proposals concerning the Federal Labor Relations Program. Some of these proposals would make issues which are now subject to statutory appeals procedures, subject to arbitration if an employee or a labor organization so chooses. Passage of such a bill could considerably affect Authority operations. We recently surveyed the procedural recourses available to Federal employees in seeking reconsideration of any unfavorable management action and we are summarizing the results. While the efficacy of the Authority was not explored, we did survey the overall appeal and grievance rights of Federal employees. We found 28 distinct statutory appeal procedures with varying employee rights and differing procedural requirements. Any external reporting on this survey will be provided to you. Your letter also expressed a constituent's concern about the Authority being a part of the executive branch rather than the judicial system. Our previous report, which you cited, did not address that question. However, in a number of statutes, Congress has granted the Civil Service Commission broad discretion to prescribe reasonable pro- cedures and regulations for administering many aspects of Federal employment (e.g., 5 U.S.C. 1302, 3301, 3302, 5115, 5338, 7701, and 8347). These regulations have the force and effect of law and are binding on Federal agencies. FPCD-76-33

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