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B-203754 1 (1982-02-26)

handle is hein.gao/gaobadkcl0001 and id is 1 raw text is: LT, TI A a-S 4. OECkl6ICN THI COMPTROLLER GIENUIRAL OP THE UNITBI3TATES WABHINCITON, 0,30. 20548 FILEi B-203754- MATTER OF: Daniel prockish Benetfits PATEi February 26, 3982 -Grade and Salary protection DIGEST; Empitoyee of Department Of Navy who transferred from a WG-lO step 5 position in Ada;, AlasXa, to a\WO-10.step5 position in Fallon-, Nevada, a- lower Wage area, is not subject to grade reteh.tion under 5 US.C, § 5362 since he was not reduced in grade,- Grade retention under 5 U.S;C. 5362 is applicable only where an employee suffers a reduction hgrade as a resultof a reclassification action or a reduction in force. jfe suffered a reduction in pay' the result of his transfer to a lower wage area and, by virtue of the specific provision at 5 CFR. 536.212(a)(2) (1980), he is entitled to pty retention benefits under 5 U.S.C. 5363. By letter dated June 2, 1981, Mr. Daniel Prockish, through his attorney Ms. Nada Novakovich, _appeaied the action of our Claims Group which deiied his claim for grade retention pursuant to 5 U.S.C9 § 5362. Since Mr. Proc'lvsh was hot reduced in.rade as the result of a reduction in force or a classification action, the disallowance by the Claims Group is sustained. Mr, Procidsh wa; employed as-4n-Mtomotive Mechanic, WG-10, step 4, at hli Naval Air Station, Fallon, Nevada, and effective November 4, 1974, he transferred as an Auto- motive Mechanic, WO-1O, step 4, to th6 Naval Station, Adak, Alasca. e-In February 1980 Mr. Prockish'indicated that he intended to exercise his return rights for employment at the Naval Air station in Fallon, Nevada, a lbwer wage area. At that time he was an Automotive Mechanic, WG-10, nteP 5, with'a pay rate of $17.26 per.hour. Mr.. Prockish conteinded that incident to his-transter to Fallon, Nevada, he w as entitled to grade retention-puruiant tO 5 U.S.C. §5362. Thus, he requested that the-Na-val Air Station- at Fallon pay him for 2 years at the grade WS-19 step 1 salary rate of $17.47 per hour which he asserted is the eqL'ivalent of the WG-10, step 5 position he occupied in Adak, Alasa. The agency denied the requested pay rate on the basis that he would not be entitled to grade retention tnder 5 U.S.C. § 5362 since his transfer

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