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B-191881 1 (1978-07-25)

handle is hein.gao/gaobadgev0001 and id is 1 raw text is: a DECISION FILE: B-191881 THINCCMPTROLLER- o .OFa= THE UNiTUna i 1Nf a H~ Is N C;T0N,. 0. , C 0san A- DATE: July 25, 1978 MATTER OF: Kenneth R. Paswater - Equal Opportunity, Position Qualifications, and Highest Previous Rate DIGEST: Veterans Administration employee was demoted from grade GS-9, step 2, to grade GS-7, step 8. Employee alleges variation in equal opportunity policy; failure to follow qualification regula- tions; and pay rate set at step 8 rather than step 9. Equal opportunity and qualification determinations are not subject to adjudication in GAD. Rate within the grade van set within agency policy. We have been asked to review the request of Mr. Kenneth R. Paswater, an employee of the Veterans Administration, that he be reinstated to grade GS-9, step 2, from grade GS-7, step 8, retro- actively to July 3, 1977. It appear .hat Mr. Paswater was transferred and demoted effective July 3, 1977, from a Veterans Administration Contact Representative position, classification aeries 962, to n Veterans Administration Claims Examiner position, clastofication series 996. Mr. Paswater alleges that a variation in policy exists at his station indicating the possibility of discrimination. The regulations dealing with equal opportunity are set forth in title 5, Code of Federal Regulations, Part 713. No provision is made for this Office to make determinations under guch au- thority. Therefore, we may not consider this aspect of Mr. Paswater's case. The second aspect of the case is the question as to the extent that work experience in a classification series 962 posi- tion qualifies one for placement in a position in classification series 996. Mr. Paswater states that his lucal personnel officer is not complying with a Civil Service Commilssion letter of April 12, 1977, discussing the application of the qualification standards for General Schedule positions--CSC Handbook X-118. Mr. Paswater asks that our Office get the agency Personnel Office vo conform with the Commission regulations. The determination of ii

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