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B-184068 1 (1975-08-22)

handle is hein.gao/gaobadcnn0001 and id is 1 raw text is: -0 DE:ISI N FILE: B-184068 MATTER DIGEST: - . A OF: William H1. Baumann - Remedial Order Issued by Foreign Service Grievance Board 1. Foreign Service Grievance Board created special retention category for imployee separated in reduction in force (RIx) and directed his rein- statement with backpay. Agency regulations pro- vided that matters subject to final review outside of agency or for which other review machinery was provided were not within Board's jurisdiction. Although Board had authority to ensure correctness of employees' records, its order may not be imple- mented since employee's retention category was necessarily part of RIF procedure, employee had right to appeal P1F action within his agency and to Civil Service Commission, and such appeal rights removed matter from Board's jurisdiction. 2. Incident to grievance filed by employee concerning reduction-in-force action, Foreign Service Grievance Board issued remedial order requiring Agency for International Development (AID) to: establish new retention register limited in competitive area to Saudi Arabia instead of world-wide area; place grievant on such list; and reinstate him with backpay. Remedial order may not be implemented since AID regulations require competitive area to be worldwide and head of agency may not waive such regulation. This matter involves a request on 1ay 30, 1975, by the Assistant Administrator, Bureau for Program and Management Services, Agency for International Development (AID), for a decision as to whether the agency has authority to implement a remedial order issued by the Foreign Service Grievance Board in view of a decision by the Civil Service Commission's Federal Tmployee Appeals Authority on the same matter. Both decisions were issued as a result of pro- ceedings instituted by Mr. William H. Eaumann incident to his separation from AID by reduction-in-force (RIF) action. Mr. Baumann was a Foreign Service Reserve officer, FSR-3, holding an Agency Occupational Specialty Code (AOSC) of 0083.05 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTcN, D.C. 20548 DATE: AUG 22 1975

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