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B-190069 1 (1978-02-13)

handle is hein.gao/gaobadfrp0001 and id is 1 raw text is: I i ktltt -ii DECISION YOrN COMPTFROLLER GMENERAL ..OP THE UNITED ETATEE WAUHINOTON. 0.C. 205 MITE FILE: B-190069 MATTER DIGEST: DATE: MabRISy 13, 19 OF: Fred F. Cherye- Request for Reconsideration of Claim for Backpay Employee of Department of Army claims compensation adjustment for period he served as GS-12 in position lat'r re- classified to CS-13 and for period he served as 35-11 due to reduction in force. Employee has no entitlement under civil servic? regulations and Supreme Court held in United States v. Teotan, 424 U.S. 392 (1976), that neither rassification Act, 5 U.S.C. 5101-5115 (1970), nur the Back Pay Act, 5 U.S.C. 55S6 (1970), creates substantive righu to backpay for periodo wrongful position classification. Claims regarding im- proper redution in pay due to reduc- tion in force actions are for subireton to Ci-Al Service Commiasion unier 5 .F.R. 351.901. By letter dated August 15, 1977, Mr. Fred F. Cherye has re- quested reconsideration of Settlement Certificate No. Z-2631002, dated Aurust 4, 1977, by which our Claims Division disallowed his claim for backpay. The record shows that Mr. Cherye was employed as a Motion Picture Production Specialist grade GS-12, Step 2 in the Long Is- land, New YorkDistrict of the Department of the Army, Army Pic- torial Center, Information Films Branch, when he was notified by letter dated May 5, 1970, that his position would be affected by a reduction in force. In lieu of separation ky .he reduction in force, Kr. Cherye was ofered the position of Motion Picture Pro- duction Specialist Grade GS-11, Step 8 in fational Range Opera- tions, Data Collection Directorate, Pictorial and Processing Divi- aion, Motion Picture Branch, Motion Picture Editing Section, White Sands Missile Range, New Mexico. Mr. Cherye accepted that appoint- ment effective June 29, 1970. On September 24, 1972, he was re- promote to grade GS-12 and on April 4, 1976, he was promoted to 'is * V 1.- _.. I .1 I I

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