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B-200281 1 (1981-02-19)

handle is hein.gao/gaobadjdd0001 and id is 1 raw text is: ETHE COMP TOLLER GENERAL DECISIONOF T EUNITEO STATES W A S H I N G T . N 0. C. 20548 e NITWE FILE: B-200281 DATE: February 19, 1981 //ROF: Joseph S. Clinger, Jr. - Backpay Sor ~/T / Reduction-In-Forc DIGEST: Where the Merit Systems Protection Board determines employee's appeal untimely, the employee is not entitled to relief for reduction-in-grade incident to a reduction- in-force since there has been no determination by the appropriate authority as required by A U.S.C. § 5596 (1976) that reduction-in-grade was an unjustified or unwarranted personnel action. Mr. Joseph S. Clinger, Jr., a civilian employee of the United States Air Force, appeals the denial of his claim for reinstatement to grade GS-13 and backpay stemming from a reduction-in-force (RIF) which caused him to be reduced to a grade GS-Il. In a settlement certificate dated August 29, 1979 (Z-2792013), our Claims Division denied the claim on jurisdictional grounds, stating: jThe Back Pay Act authority of 5 U.S.C. § 5596 is remedial in nature, providing a remedy for wrongful reductions in grade, removals and suspensions and other unjustified or unwarranted actions affecting pay or allowances. By its express terms it provides a remedy only when it has otherwise been determined that the employee has suffered a reduction in pay as the result of an unjustified or unwarranted personnel action. The 'appropriate authority' referred to in section9 5596 of title 5 United States Code, is (1) a court having jurisdiction, (2) the Comptroller General, or (3) the Civil Service Commission. In the case of an employee who has suffered a reduction in pay as the

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