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B-231938 1 (1989-04-04)

handle is hein.gao/gaobadnkt0001 and id is 1 raw text is: fThe Comptroller General \ of the United States Washhngton, D.C. 20648 Decision Matterof: Stanley D. Welli - Attorney Fees File: B-231938 Date: April 4, 1989 DIGEST 1. An employee who filed an agency grievance alleging that his reassignment was in retaliation for his whistleblowing, received a favorable settlement but no backpay or other monetary award. Since the grievance did not involve a reduction or denial of pay or allowances, it was not subject to the Back Pay Act, as amended, 5 U.S.C. S 5596 (1982). He may not be reimbursed his attorney fees since there is no statutory or other authority for the payment of attorney fees in connection with an administrative grievance proceeding where there is no backpay or other monetary award. 2. An employee who settled an agency grievance may not be reimbursed his attorney fees under the Equal Access to Justice Act. The Act only applies to adversary adjudi- cations and the agency grievance is not within the statu- tory definition of an adversary adjudication. DECISION The Internal Revenue Service (IRS) requests our decision regarding whether payment may be made from agency appropria- tions to reimburse Stanley D. Welli, an IRS employee, for attorney fees in connection with settlement of an agency grievance brought by Mr. Welli. Because there is no legal authority for payment of attorney fees in such a case, reimbursement may not be made. BACKGROUND Mr. Welli's GM-14 operations manager position was abolished as a result of a reorganization. He was reassigned to a GS-14 staff assistant position and subsequently was denied a transfer to a GM-14 audit manager position. Mr. Welli then retained legal counsel and filed an agency grievance alleging, in part, that the reorganization under which he

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