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B-208406 1 (1983-07-15)

handle is hein.gao/gaobadlff0001 and id is 1 raw text is: 


DECISION





FILE:   B-208406

MATTER OF:     M
               P


DIGEST:
    1.


THE COMPTROLLER GENERAL
0' THE UNITED STATES
WASHINGTON. 0. C. 20548



      DATE:July 15, 1983


itchell J. Albert, et al. - Revocation of
romotions Due to Budget Cuts


Ten employees of Merit Systems Protec-
tion Board were selected for promotion
effective December 13, 1981. Due to
budget cuts, the Managing Director
announced on December 16 that all promo-
tions would be suspended. These 10 pro-
motions were not properly revoked before
they became effective and are retroac-
tively effective on December 13, 1981.


     2.   Eight employees of the Merit Systems
          Protection Board were selected for pro-
          motion effective December 27, 1981, or
          later. Due to budget cuts, the Managing
          Director announced on December 16 that
          all promotions would be suspended.
          These promotions were effectively
          revoked, even though written notifica-
          tion was not issued until December 29.
          There is no basis to allow retroactive
          promotions for these eight employees.


     The issue in this decision is the entitlement of 18
employees of the Merit Systems Protection Board (MSPB or
Board) to retroactive promotions where the promotions were
suspended due to a cut in the MSPB's Fiscal Year 1982 appro-
priations. We hold that the 10 promotions which became
effective prior to the promotion freeze are retroactively
effective, but that the remaining eight promotions scheduled
to be effective after the announcement of the p'omotion
freeze were properly revoked and may not be implemented
retroactively.

     This decision is in response to a request fron
Mr. Richard Redenius, Managing Director of the [SPB. Com-
ments supporting the MSPB position were submitted by the
MSPB Professional Association.

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