About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-191229 1 (1978-06-01)

handle is hein.gao/gaobadgas0001 and id is 1 raw text is: 

I


'v 0r                                  D tlu . /Au['atfl7jf

                         THE COMPTROLLEr 6'
              DECSIO..   OF  THE   UNITERs
                         WASHIN    TON.   D. C


FILE:   B-191229

MATTER  OF:
               t4


DIGEST:


I


   CivPerc

 TEE
a454 B


DATE:  June 1, 1978


ndre Fred Boqar - Downgrading -
aved Compensation


Employee of Internal Revenue Service was
reduced in grade as result of selection
for position at district office and was not
provided salary retention under 5 U.S.C.
5 5337.  Employee is entitled to salary
retention where employing office advertised
twice for job applicants, second announce-
ment on a national basis, and only two
qualified individuals applied and claimant
was only applicant possessing skills and
knowledge desired by employing office.
On basis of record agency has not estab-
lished that it did not have a special
recruitment need and that this was not
paramount factor in downgrading.  See
56 Comp. Gen. 199 (1976).


     This action arises out of the claim by Mr. Endre Fred
Boqar, an employee of the Internal Revenue Service (IRS)
for salary retention incident to his selection for a posi-
tion as a Supervisory Ravenue Officer grade GS-11 with
the Greensboro, NorTh Carolina, district office.

     The record indicates that at the time of his selection
for employment with the Greensboro district office,
Mr. Bogar was employed as a grade GS-13 Staff Program
Analyst at IRS headquarters in Washington, D.C.  Prior to
his employment in Washington, D.C., Mr. Bogar served in
the field as an IRS Revenue Officer.  Mr. Bogar states
that he was interested ±n eventually advancing beyond his
grade GS-13 position and that he attempted to obtain a
position as a Staff Manager in a district office.  Mr. Bogar
was apparently advised upon his nonselection for several
positions that he needed experience as a supervisor in a
district office in order to compete successfully for *a
position as a Line Manager.

     On December 2, 1974, the Greensboro district office
of the IRS, advertised, within IRS nn a nation-wide basis,
for applicants for the position of Supervisory Revenue


ii


PaI


I

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most