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B-178143 1 (1973-07-09)

handle is hein.gao/gaobaacxp0001 and id is 1 raw text is: I . :,.'. COMpYSpOLLES a OERAL Or THE UNiTED STATES 3..178143 July 9, 1973 Kr. Robert J# Canavan, Goneral Counsel National Association of Govornment upJloyee* 285 Dorchester Avenue aston, Kaachusetts 02127 Dear Kr. Cnvas .terucaIs made to your letter of Kay 3, 1973t and prior Coreot spondence concerning claim number 2-2334927 in which you, as attorney foreiv 2arl L. oGUon, submit additional lnformation and request review and '&oniidoration of a settlmrsent by our Transportation end Claims PiviaLsa, drted March 15, 1968. Under the settlement aLl wages earned trom private emloyers by Mt. OwAs during his unjustified separation vere deducted from the computation of back pay with the result that no balance vas ue the clsamant. The record in this case reflects that the Ctaintu, Board of Appeals and Review, Civil Service Comission, instruotod the Boston Naval Shipyard to retroactively restor. Hr. Oors to his foror posL- tion of boilenmaer fram which he had bean uroneously separated on August 30# 1965. br. Ovens returned to actLvy duty on Juno 13, 1966, nd he subsequently submitted a claim to his eoncy for back pay due him during the period August 30, 1965, to June 12# J9(6o lie disagreed vith his agency'a determination that oll outsids earnLngs should be saot- off against his bak pay sward and his dlaluvaa referred to our Trans- portatioc and Claims Division for settlement. n essence, Mr. Owens' position Is that he performed outside suloy- mnt long before his erroneous separation, that such supplementalsemploy- sent was necessarily outside his regular workinS bouts at theNaval ship. yard, and therefore only pay for outside ewLoyment during the period of separation for the regular 40-hour wrkweek should be setoi against the bak pay coputationi 3estoration of n eployee to his fomer position after cancella- tion of a unwarranted personnel action involves adjustments in the sunt of back pay and other benofits due the employee as requirod by $ Usc. 5596. Section 550.804(e) o title S, Code of lederai Regule- tins (CFR) sets forth i part bow the back.py due - mployee is to be C) dtSd end provldess I I '., I. r 0''

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