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B-203716 1 (1982-05-25)

handle is hein.gao/gaobadkib0001 and id is 1 raw text is: 








FILE:


B-203716


MATTER OF:


Julian


C,


TH0 COMPTROLLUR        ENJRAL
OF THI UNITLIC3 sTATUU
WASHINGTON, C,C0, 0548



      DATE: May 25, 1982

Patterson -- Claim for attorney fees


DIEBT;


2.


may
fees


Employee, who was named as an
alleged discriminating official
in discrimination complaint,
claims reimbursement of attorney
fees incurred duri;*j investigation
of complaint, Claim is denied
since, in the absence of express
statutory authority, attorney
fees are not reimbursable,
Neither regulation3 regarding
alleged discriminating officials
nor Civil Rights Act or its
implementing regulations provide
authority for reimbursement of
attorney fees in. this situation.

Employee, who was issued letter
of reprimand for discrimination
against subordinate employee,
filed grievance under agency
grievance procedures and claims
attorney fees incident to favor-
able grievance decision. Claim
is denied since, in the absence
of express statutory authority,
attorney fees are not reimburs-
able. Grievance was not before
Merit Systems Protection Board,
which has authority to award
attorney fees, and grievance did
not involve reduction in pay or
allowances which is necessary to
bring it within scope -i Bach
Pay Act, as amended.


            ISSUE


The issues in this decision are whet:her
be reimbursed for two separate claims for
incurred incident to his being nameS as


DECISION


- ,/


an employee
attorney
an alleged

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