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B-196680 1 (1979-11-27)

handle is hein.gao/gaobadhtm0001 and id is 1 raw text is: 1,; , B-196680 DATE: Noveiber 27, 1979 MATTER OF: Attorney Fees - Authority of Special Counsel, MSPB DIGEST: 1. The Special Counsel of the Merit Systems Protection Board is not an appropriate authority with power. to award attorney fees under the Back Pay Act, as amended, 5 U.S. C. § 5596. However, the Special Counsel may include a recommendation to pay reasonable attorney fees in his recommendation for corrective action to be taken by an agency under 5 U.S.C. 5 5596. 2. The Special Counsel of the Merit Systems Protection Board may not recommend the payment of attorney fees in those cases wherle the corrective action recommended is outside the purview-of the Back Pay Act, absent some other statutory authority authorizing the complainant employee's agency to award attorney fees. By letter of November 2, 1979, H. Patrick Swygert, the Special Counsel of the Merit Systems Protection Board, has requested our opinion as to the authority of the Special Counsel to recommend payment of reasonable attorney fees under the Back Pay Act 5 U.S. C. § 5596. That section provides, in part, as follows: (b)(1) An employee of an agency who, on the basis of a timely appeal or an administrative deter- mination (including a decision relating to an unfair labor practice or a grievance) is found by appropriate authority under applicable law, rule, regulation, or collective bargaining agreement, to have been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of all or part of the pay, allowances, or differentials of the employee-- (A) is entitled, on correction of the personnel action, to receive for the period for which the personnel action was in effect-- \ \eCAD FILE: - THE COMPTROLLER GENERAL DECISION * OF THE UNITED STATES :: WASHINGTON, D.C. 2054B

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