Bailey v. United States

3 Cl. Ct. 619, 1983 U.S. Claims LEXIS 1598
Procedural entryThis page is a short order in Bailey v. United States. Read the opinion of the Court — 1 Cl. Ct. 69
United States Court of Claims·Decided October 20, 1983·No. No. 405-81C·Published

Opinion

MEMORANDUM OF DECISION

WHITE, Senior Judge.

This is an action by 30 plaintiffs who were employed throughout the year 1975 (and previously) as quality control inspectors by the United States Air Force at the Oklahoma City Air Logistics Center, Tinker Air Force Base, Oklahoma.

The Oklahoma City Air Logistics Center is one of the five Air Logistics Centers which comprise the Air Force Logistics Command. All of the Air Logistics Centers are concerned with the movement and distribution of goods and material for the Air Force, and with the repair and maintenance of Air Force weapons systems, including military aircraft. (As witnesses at the trial usually referred to the Oklahoma City Air Logistics Center merely as “Tinker AFB,” this abbreviated form of reference will generally be used hereafter by the court.)

Before 1975, the plaintiffs were Wage Grade (or blue collar) employees. In 1975, the plaintiffs’ Wage Grade jobs were reclassified and converted, through a procedure to be described later in some detail, to General Schedule grades. They assert in the present litigation that they were disadvantaged financially in connection with the conversion, and they sue for damages.

It appears that, with the exception of one plaintiff, the plaintiffs are not entitled to recover. The one exception is the plaintiff Tom L. Clark, who, as explained later, is entitled to recover on a claim for environmental differential pay.

The Reclassification of Inspector Jobs

Before and during 1975, Tinker AFB employed numerous civilian inspectors. They were of two principal types: (1) those whose jobs mainly involved the examination, and either the acceptance or rejection, of items produced by or for Tinker AFB (i.e., “regular” inspectors); and (2) quality control inspectors, whose duties and responsibilities extended beyond the acceptance or rejection of items and involved processes and procedures to improve the quality of items produced by or for Tinker AFB. The quality control inspectors (and presumably the regular inspectors) were distributed among the five divisions which made up the Directorate of Maintenance at Tinker AFB.

The jobs of all the inspectors at Tinker AFB were classified before 1975 as Wage [621]*621Grade jobs in accordance with single-agency job grading standards which were applicable only to Air Force inspectors. The Air Force single-agency standards had been approved by the Civil Service Commission (now the Office of Personnel Management), but they were not part of the Coordinated Federal Wage System. The grades allocated to the different inspector jobs under the single-agency standards varied in accordance with the difficulty and complexity of the duties performed by the various inspectors.

As part of an overall effort to consolidate and eliminate unnecessary classification standards and to bring as many positions as possible under the Coordinated Federal Wage System, the Civil Service Commission, on October 26, 1973, issued Federal Personnel Manual (“FPM”) No. 532-60. In this document, the Civil Service Commission issued new job grading standards for non-supervisory inspector jobs throughout the federal service. These new job grading standards were to eliminate and replace the single-agency job grading standards for non-supervisory inspector jobs in all government agencies, including the Air Force. A deadline was fixed by the Civil Service Commission for the program of bringing all non-supervisory inspector jobs under the new job grading standards; and, as later extended, the deadline was July 30, 1975.

The Headquarters of the Air Force supplemented FPM Letter No. 532-60 through the issuance, on April 8,1974, of an explanatory communication to all major commands of the Air Force, including the Air Force Logistics Command. This communication stated (among other things) that “730 positions [in the Air Force] are quality control type inspectors for which the new Commission standards do not provide sufficient guidance as to appropriate classification treatment”; and that “[e]ach of the * * * positions will entail an in-depth review to determine whether the duties assigned and performed fall within the purview of the referenced Commission standards or whether other classification treatment is warranted.”

After the issuance of the Air Force’s communication dated April 8, 1974, the Headquarters of the Air Force Logistics Command, on July 5, 1974, sent to the several Air Logistics Centers some “Guidance and Instructions” on the application of the new job grading standards for inspector jobs. This communication stated (among other things) that the most significant aspect of the new job grading standards “is the non-coverage of Wage Grade Quality Control Inspector positions by the new CSC classification standard”; and that “[a]bout 900 WG Quality Control Inspector positions within the AFLC must be realigned to either GS-1960-0 classification standards or to the new job grading standards for Inspectors.”

Following the issuance by the Civil Service Commission, the Air Force, and the Air Force Logistics Command of the communications previously mentioned, the classification officials at Tinker AFB began an audit of all the inspector jobs at Tinker AFB to determine whether the duties and responsibilities assigned to and performed by the occupants of the jobs did or did not fall within the purview of the new job grading standards. The audit was conducted on a job-by-job basis within the different divisions of the Directorate of Maintenance. If the determination was affirmative in a particular ease, the job was reclassified and given a new Wage Grade classification within the Coordinated Federal Wage System. If, on the other hand, it was determined that a particular inspector job did not fall within the purview of the new job grading standards, the classification officials reclassified the job and assigned to it a grade in a General Schedule series believed to be appropriate.

During the audit and reclassification process at Tinker AFB, the reclassification officials determined that the regular inspector jobs fell within the purview of the new job grading standards. Accordingly, such jobs were reclassified as Wage Grade jobs and assigned grades within the Coordinated Federal Wage System.

[622]*622On the other hand, the classification officials concluded that, inasmuch as the quality control inspectors at Tinker AFB worked in a quality improvement environment, their jobs did not fall within the purview of the new job grading standards for non-supervisory inspector jobs. Instead, the classification officials decided that the preexisting 1960 series of the General Schedule was the most appropriate series within which to reclassify the jobs of the quality control inspectors. Accordingly, these jobs were reclassified within the 1960 series of the General Schedule and were assigned grades of GS-7 or GS-8, depending on the difficulty and complexity of the duties assigned to and performed by the occupants of the several positions. These reclassifications did not involve any change in the job descriptions for the quality control inspectors, or any change in the actual duties performed by the occupants of the various positions, or any change in the relative standing of the various quality control inspectors within the organizational structural at Tinker AFB.

The dates on which the quality control inspector jobs within the different divisions were reclassified as General Schedule grades varied from March 26, 1975 (Industrial Products Division) to April 7, 1975 (Aircraft Division).

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Bailey v. United States, 3 Cl. Ct. 619, 1983 U.S. Claims LEXIS 1598 (cc 1983).

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