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B-202291 1 (1984-09-17)

handle is hein.gao/gaobadlxh0001 and id is 1 raw text is: ~THE COMPTROLLER GENIERAL DECISION Ofl OF THE UNITED STATES ' WASHINGTON. 0.C. 20548 FILE: B-202291 DATE: September 17, 1984 MATTER OF: Charles W. Bird, et al. - Claim for Backpay, Leave and Pension Benefits - Res Judicata DIGEST: Employees seek a Comptroller General deci- sion on their entitlement to backpay, additional leave and pension benefits. The General Accounting Office adheres to the doctrine of res judicata to the effect that a valid judgment of a court on a matter is a bar to a subsequent action on that matter before the General Accounting Office. 62 Comp. Gen. 399 (1983). Since in Charles W.Bird, et al. v. United States, No. 94-81C (Ct. Cl. Aug. 6, 1982) (order granting motion to dismiss), it was previously decided that the employees failed to present a claim for a money damages remedy for their alleged improper classification as intermittent employees, the General Accounting Office will not consider their claim. Mr. Charles W. Bird and 18 other present and former employees of the Immigration and Naturalization Service (INS) request that we reopen their claim that for varying periods of time dating back to 1957, they were improperly classified as intermittent rather than part-time employ- ees. We refused to consider their claims by letter dated June 10, 1981, because the same issues were also pending before the Court of Claims as a result of a petition filed by the claimants. The Court of Claims specifically decided in this same matter that the claimants failed to present a claim for a money damages remedy for their alleged improper classification as intermittent employees. Charles W. Bird, et al. v. United States, No. 94-81C (Ct. Cl. Aug. 6, 1982) (order granting motion to dismiss). The issue is whether the General Accounting Office will consider the claim in light of the previous judgment of the Court of Claims denying it. We conclude that their claim will not be considered because it is barred by our application of the doctrine of res judicata. O )xX030

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