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B-197737 1 (1982-01-08)

handle is hein.gao/gaobadkaa0001 and id is 1 raw text is: m Ih - - a-t ~ r~~ - -0--~- - - U 2/ r7 AL-If tI'O DE~CISION FILE; B-197737 MATTER OF: ... . . ..- . . 4 / ; - -7 . . 4HE COMPTRO1LLER GEN1FERAL OF THE UNITED BITATES WAU'-IINO3TO N, D, C, 205413 . DATESI January 8, 1982 Leslie H. Graham, Jr. -- Fees under Back Pay Act, v Claim for Attorney as amended DIGEST: Employee, who successfully appealed demotion before Federal Employee Appeals Authority in 1977 and before Merit Systems Protection Board in 1979, claims attorney fees in con- nection with appeal. Claim for attorney fees under Back Pay Act;, 5 U.S.c9 § 5596, as amended by the Civil Service Reform Act of 1978, is denied since employee's appeal was pending on effective date of Reform Act:. Savings provision in section 902(b) of Re- form Act precludes application of the amend- menit to administrative proceedings pending on effective date of Reform Act. ISSUE The issue in this decision is the entitlement of art employee to attorney fees incident to his successful appeal of an agency action before the Federal Employee AppealF Authority and the Merit Systems Protection Board. We hold that the claim for attorney fees under the Back Pay Act, as amended by the civil Service Reform Act of 1978, must be denied in view of the savings provision in the Reform Act precluding the application of the Reform Act to administra- tive proceedings pending on or before January 11, 1979, the effective date of the Reform'Act. BACKGROIND This decision is in response to the appeal filed by Mr. Leslie Hi. Graham, Jr., from our claims Division settle- ment, Z-2818820, November 21, 1979, denying his claim for attorney fees. Mr. Graham, an employee of the Department of Housing and Urban Development, appealed a change to lower grade effective January 30, 1977, to the Federal Employee Appeals Authority (FEAA). The FEAA held, in a decision dated September 30, 1977, that the action against Mr. Graham was not well founded and in effect unnecessary and that it -'-5-

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