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097351 1 (1975-07-22)

handle is hein.gao/gaobadclh0001 and id is 1 raw text is: THE COMPT JLLER GENERAL DECISION ~ OF THE U.NITE STATES WASH INGTON D. C. 2 54 V -73*I FILE: DATE: JUL 2 2 1975 B-183635 MATTER OF: LaGretta B. Fisher - request for submission of claim to Congress under Meritorious Claims DIGEST:Ac Act Employee who was demoted incident to a reduction in force may not have action of CSC in sustaining demotion reviewed by the GAO. The claim is not one which the GAO could consider under our general claims settlement authority, and it does not have such elementsof legal liability or equity as to warrant submission to Congress as a meritorious claim under the Meritorious Claims Act of 1928. This decision results from a request by LaGretta B. Fisher that we submit her claim for reinstatement to a GS-12 position with the Defense Contract Administration Services District, Camden, New Jersey, with backpay from November 1970, to Congress under the Meritorious Claims Act of 1928, 31 U.S.C. 236. Mrs. Fisher was demoted from a grade GS-12 to a grade GS-9 in November 1970, during a reduction in force. She appealed her reduction in grade to the Civil Service Commission (CSC) in 1971, and the CSC Board of Review and Appeals rendered a final decision on the matter that year, upholding her demotion. As to the settlement of Mrs. Fisher's claim under 28 U.S.C. 2677 this would be for consideration by the Attorney General or his deiignee who may arbitrate, or settle any claim cognizable under 28U.S.C. 1346(b) only after the comencement of court action. The Meritorious Claims Act provides that when a claim against the United States is filed in this Office that may not be lawfully adjusted by use of an appropriation previously made, but which in our judgement contains such elements of legal liability or equity as to be diserving of the consideration of the Congress, it shall be submitted to the Congress with our recommendation. That remedy is an extraordinary one and its use in limited to extraordinary circumstances.

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