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B-205452 1 (1982-03-15)

handle is hein.gao/gaobadkdq0001 and id is 1 raw text is: Sr02c ,( Al DECISION FILE; B-205452 MATTER OF; Jimmie D, Br Shift Differ DIGEST$ 1. TH113 CoMPTRO!ILW.R THE UNITED GENERAL STATE U WASHINGTON, 0,.0, 201548 DATES March 15, 1982 - Continuation of Night Department ofthe. Air For e Wage Grade employee reg,41.arlyas89ned to a swing shift was reassigned to the-day' shift, The' determinatibnof whether reassign- mentxtOa particulor tour of duty is temporary for the purpoaq of contihuing entitlement to night shiftrdifferential is a matter for determination by the agency. Such a determination, is a factual one, and where the agency's characterization appearsto be reason- able, we arejnot in a position to sub- stitute our jddgment for that of the agency, The facts in this case indi- cate that the agency's determination was a reasonable one, and the employ- ee has presented no evidence to indi- cate that his transfer was only temporary. 2. The Departmeit of the Air Force reassign- ment-of aWaWe_ Gtade; employee to a dif- ferent, position was not imp-roper, even if an agency filed disability retirement application had been pending, as appli- cable regulations only reghire the agency to retain the employee in an !active duty status in such a case, Further, the loss of premium pay for nightwork by assignment to the day shift is not such a reduction in pay as will constitute an adverse action under the Back Pay Act, 5 U.S.C. S 5596. This decision is in response to an appeal to the set- tlement of our Claims Group in the case of1 Mr. Jimmie D. Brewer, a former Wage-Grade employee with the Department of the Air Force. Mr. Brewer's original claim, Z-2833019, was for GAO to take action on all my claims against my former employer Tinker Air Force Base (APB), Oklahoma, and the U.S. Department of Labor. Mr. Brewer has alleged the existence

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