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B-223789 1 (1986-08-13)

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              United States
 General Accounting Office
              Washington, D.C. 20548

              Office of the General Counsel

              B-223789                           UNR,

              August 13, 1986



              Matthew Montoya, Vice President
              Local F-213
              1616 Grandview Drive
              Alhambra, California 91803

              Dear Mr. Montoya:

              This is in response to your letter dated July 23, 1986, to the
              Comptroller General concerning certifications for firefighters at the
              Long Beach Naval Station Fire Department.

              With respect to your concern that firefighters are being unfairly denied
              the opportunity to compete for positions, and are being unfairly
              inhibited in their career promotion patterns, we point out that merit
              promotion plans are subject to regulptions issued by thepffice of
              Personnel Management (see 5 C.F.R.vPart 335, 5 C.F.R. §A35.102 (1986)
              (copy enclosed), and the Office of Personnel Management will investigate
              substantial violations of its requirements. Since you have not stated
              any claim for backpay or other monetary relief, our Office is without
              j risdiction to consider your complaint. 31 U.S.C. § '702; and 4 C.F.R.
              IPart 31. Therefore, you may wish to contact the local office of the
              Office of Personnel Management or to consider filing a grievance under
              agency or negotiated grievance procedures.

              Although, under 4 C.F.R. §/22.8 (1986), ( copy enclosed), this matter is
              not appropriate for decision at this time, you may resubmit the matter if
              you have a specific case that comes within our jurisdiction. If you
              believe you should do o    lea e ubmit it in accordance with the
          believeLF                                                 -you attentionpla~//
              enclosed regulations, 4 C.F.R. art 22 (1986)./ I call .your attention
              especially to the requirements of 4 C.F.R. §-22.3 (1986) which lists what
              a request for a decision should contain, and 4 C.F.R. §L2.4 (1986) which
              requires that a copy of the request be served on the appropriate agency
              representative, and that a statement of service be submitted to this
              Office.

              I hope that this is responsive to your inquiry.

              Sincerely yours,



              Robert L. Higgins
              Assistant General Counsel


              Enclosures
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