Atwell v. Merit Systems Protection Board

670 F.2d 272, 216 U.S. App. D.C. 114, 1981 U.S. App. LEXIS 15088
CourtCourt of Appeals for the D.C. Circuit
DecidedDecember 18, 1981
DocketNos. 80-2026, 80-2116, 80-2317, 80-2345 and 80-2313
StatusPublished
Cited by17 cases

This text of 670 F.2d 272 (Atwell v. Merit Systems Protection Board) is published on Counsel Stack Legal Research, covering Court of Appeals for the D.C. Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Atwell v. Merit Systems Protection Board, 670 F.2d 272, 216 U.S. App. D.C. 114, 1981 U.S. App. LEXIS 15088 (D.C. Cir. 1981).

Opinion

Opinion for the court filed by Circuit Judge TAMM.

TAMM, Circuit Judge:

These consolidated cases come before us on review of final orders of the Merit Systems Protection Board (MSPB or Board) and present an important issue of first impression arising under the 1978 restructuring of the federal personnel system. Petitioners are employees of various agencies of the federal government, and the employment status of each is governed by the provisions of the Civil Service Reform Act of 1978 (CSRA or Act). Although certain constitutional questions are posed as well, the critical issue we must resolve is one of statutory construction and involves the appeal rights of employees whose grade under the federal job classification scheme is reduced. The MSPB, the entity created under the 1978 Act to hear challenges to agency actions adversely affecting the job-related entitlements of employees, concluded that it lacked jurisdiction to entertain the appeals pursued by petitioners. As we believe that the Board correctly construed the appellate scheme imposed by the 1978 Act, and as we find no faults of constitutional dimension with that scheme, we affirm.

[117]*117I. THE FACTUAL BACKGROUND

There is no significant disagreement regarding the facts. Each of the individual petitioners1 was employed in some capacity by a division of the United States Government during or following 1978. Each petitioner was at the relevant time an “employee” in the civil service of the federal government for the purposes of the position classification and grading scheme used to determine the appropriate level of compensation and related benefits.2 Similarly, each petitioner was an “employee” as that term is defined in the provisions of the civil service laws that confer on federal workers the right to initiate appellate and grievance procedures. See 5 U.S.C. § 7511(a)(1) (Supp. Ill 1979).

The current dispute is the product of a federal reclassification of the various positions held by petitioners. Under the civil service laws, an agency is permitted to raise or lower the Government Service grade at which the positions under its administration are set. 5 U.S.C. § 5107 (Supp. Ill 1979). In performing this reclassification, federal agencies are directed to apply certain objective criteria in an attempt to provide uniform standards applicable across agency lines. Id.-, 5 U.S.C. §§ 5110, 5112 (Supp. Ill 1979). Each of the positions held by petitioners in the instant litigation was reclassified downward pursuant to this process.3

As noted above, the position classification determinations of an agency are the touchstones by which compensation, responsibility, and related personnel decisions are made. Thus, where the grade of a civil servant’s position is lowered, reductions in pay and fringe benefits would ordinarily be the norm, and loss of promotion prospects might also be expected. In recognition, however, of the fact that an employee whose position is reclassified may be harmed through no “fault” of his own, Congress, in structuring the civil service, mandated the provision of certain offsetting benefits where a position is lowered in grade. In most cases, the employee whose position is downgraded is entitled to retain for a two-year period the former grade of the position, and during this period the retained grade is used for the purpose of computing compensation and related fringe [118]*118perquisites. 5 U.S.C. § 5362 (Supp. Ill 1979). Furthermore, when the two-year period ends, the employee continues to receive the basic rate of pay that he received before the assignment to the “new” position. 5 U.S.C. § 5363 (Supp. Ill 1979). Although this scheme is somewhat complex, it suffices to say that the employee whose position is downgraded never has his pay lowered as a net result of the reclassification, and retains his former grade for two years; the affected employee does, however, lose the pay raises and similar benefits that are accorded those occupying positions graded at the level of his former position.4

Notwithstanding these offsetting emoluments, petitioners sought to challenge administratively their downgradings. Each petitioner sought review of the reduction in grade with the appropriate field office of the MSPB. In each case, the petition was dismissed for want of jurisdiction at the field office level, and in each case the full Board entered a final opinion and order sustaining the dismissals.

The Board applied substantively identical reasoning in denying the appeals. Relying either explicitly or by implication on its decision in Atwell v. Department of the Army, MSPB Order No. PH075299098 (July 25, 1980), Atwell Joint Appendix (A.J.A.) at 43-53, the Board concluded that it lacked jurisdiction under the 1978 reform provisions to hear appeals of reductions in grade where grade and pay retention were mandated. In its Atwell order the Board conceded that, under the legal regimen that obtained prior to the CSRA, a reduction in grade would have been appealable regardless of pay retention; it found, however, that the changes wrought by the 1978 Act altered the prior scheme and precluded any such appeals. Id. at 2, 5, 7-9; A.J.A. at 44, 47, 49-51.

The petitions for review consolidated in the current litigation ensued. Although the facts vary among the individual civil servants, the dispositive legal issues are identical. Petitioners challenge the Board’s determination of the contours of its jurisdiction, arguing that that determination is inconsistent both with the plain meaning of the relevant statutory provision and with the intent of the Congress. In the alternative, petitioners argue that if the Board’s construction of the CSRA is correct, then the jurisdictional provisions of the Act violate the due process component of the fifth amendment to the federal Constitution and the equal protection guarantees implied in that amendment. Respondents, the Board and several federal agencies, contend that the Board properly delimited its jurisdiction and that the appellate scheme set forth under the 1978 Act comports with the Constitution.

II. THE STATUTORY BACKGROUND

The focal point of this litigation is the civil service scheme currently in force in the United States, a product in part of the CSRA. Our inquiry into the proper construction of the provisions that now govern will, however, be aided by a brief analysis of the pre-CSRA law.

A. The Pre-CSRA Civil Service Law

The civil service positions of the United States Government have, since near the end of the 1940’s, been classified in a schedule' of grades according to the responsibilities and demands of the functions performed.

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Bluebook (online)
670 F.2d 272, 216 U.S. App. D.C. 114, 1981 U.S. App. LEXIS 15088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/atwell-v-merit-systems-protection-board-cadc-1981.