Office of the General Counsel

Claim #: S9601362

Dear [XXX]:

This replies to your March 11, 1997 letter requesting that we reconsider our March 7, 1997 settlement denying your claim for back pay. For the reasons stated below, the settlement is affirmed.

In essence, you assert that in September, 1993, while serving under an appointment to a GS-12 position, you were assigned to the duties of a GS-13 position. As a result of a grievance, your employing agency appointed you to the GS-13 position effective January 7, 1996. Assuming these facts to be true, they do not entitle you to back pay. As noted in our earlier settlement letter, Federal employees are entitled only to the salary of the positions to which they are appointed, regardless of the duties they perform. Of course, there are exceptions to this rule, which are explained in the March 7 settlement letter. Unfortunately, it does not appear that these exceptions are applicable to your situation.

Therefore, the March 7 settlement letter correctly concluded that you are not entitled to back pay.

You also asked, if our decision was not favorable, to provide you with information on the next step of the process and any statutes of limitations that may apply. In general, your next step is to file suit in an appropriate United States court. For advice regarding the procedures and statutes of limitations applicable to such a suit, however, we suggest you might wish to contact your own legal counsel, who would be in the most appropriate position to offer advice on such litigation.

Very truly yours,

Paul Britner

Senior Attorney