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B-200746 1 (1981-10-08)

handle is hein.gao/gaobadjuh0001 and id is 1 raw text is: 



DECISIO




FILE: B-2007

MATTER OF


DIGEST:


N




'46


t, THE COMPTROLLER GENERAL
  OF THE UNITED STATES
4  WASHINGTON. D.C. 20548



        DATE:   October 8, 1981


    Arthur A. Axelson ,


An employee who asked to be demoted from
a supervisory to a journeyman position
is not entitled to the pay of the WG-12
level from which the journeyman position
had recently been downgraded by reason
of a classification action. The position
to which he was downgraded was in grade
WG-ll, and the fact that other journeymen
retained the WG-12 grade by deferral of
downgrading and later through saved grade
and pay does not entitle this employee
to the higher grade. The fact that his
supervisor advised him that he would be
eligible for the higher grade even though
the form he signed indicated downgrading
to the lower grade does not provide a
basis for pay at the higher grade.


     Mr. Arthur A. Axelson requested demotion from a super-
visory to a journeyman wage grade position in November 1977.
The demotion as implemented was to the level to which the
journeyman position had recently been downgraded. Mr. Axelson
claimed pay of the higher grade in which the other journeymen
were serving under a deferral of forced reductions in grade
authorized by the Department of the Navy. The claim was dis-
allowed by Settlement Certificate Z-2817134, March 26, 1980,
because Mr. Axelson's demotion was at his request within the
meaning of former 5 U.S.C. 5345, thereby disqualifying him
from entitlement to retained pay. We agree with that action
and must sustain the disallowance of Mr. Axelson's claim.


                        Background

     Mr. Axelson served as an Electronic Mechanic (Mainte-
nance) Foreman, WS-2663-II, at the Naval Air Rework Facility,
Jacksonville, Florida. His subordinate journeymen held posi-
tions of Electronics Mechanic (Maintenance) WG-2663-12, but
effective June 6, 1977, the Civil Seivice Commission (CSC)
and the Navy reclassified the journeyman position, reducing
it to Industrial Electronic Control Mechanic, WG-2663-ll.
However, based on actions by the Commission and the Depart-
ment, downgrading actions were suspended first for a period


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