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B-195357 1 (1980-01-24)

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                  *~~' ~THE COMPTRO-ILLER¶ c3rEA
DECISIIN              . OF  THE   UNITED STATES
                        WASHINGTON, D. C. 20548


B-195357


DATE: January 24, 1980


Daniel M. Hamers - Backpay


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FILE:


MATTER  OF:


DIGEST:


1.  Employee accepted reduction in
    grade in lieu of red'uction-in-
    force.  Record discloses that
    downgrading was result of re-
    organization and that agency reg-
    ulations recuired downgrading to
    be processed as if it were reduction-
    in-force. Agency's failure to sub-
    stantially comply with nondiscretion-
    ary requirement to consider him in
    filling vacancies at time of reduction-
    in-force and for 2 years thereafter
    was substantial procedural defect which
    rendered downgrading action void and
    constituted unjustified or unwarranted
    personnel action remediable pursuant
    to 5 U.S.C. 5 5596 (1.976).

2.  Employee who alleges improper
    demotion and failure of agency
    to accord him proper priority
    consideration in filling positions
    at his former grade was advised to
    utilize agency's grievance system.
    Agency appointed grievance examiner
    who made findinqs and recommenda-
    tions favoring grievant which were
    accepted by deciding official consis-
    tent with agency's regulations. Agency
    now asserts issues were nongrievable
    and neither official was appropriate
    authority under 5 U.S.C. § 5596. We
    disagree, but in any event to prevent
    inequitable result we have reviewed
    claim as ,appropriate authority under
    5 C.F.R. § 550.803(d)(2).


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