Coyle v. Adelman

705 F. Supp. 48, 1989 U.S. Dist. LEXIS 1313, 1989 WL 9670
CourtDistrict Court, District of Columbia
DecidedFebruary 9, 1989
DocketCiv. A. No. 85-1126
StatusPublished

This text of 705 F. Supp. 48 (Coyle v. Adelman) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Coyle v. Adelman, 705 F. Supp. 48, 1989 U.S. Dist. LEXIS 1313, 1989 WL 9670 (D.D.C. 1989).

Opinion

MEMORANDUM OPINION

SPORKIN, District Judge.

This case is before me on defendant’s renewed motion for summary judgment. After hearing several of plaintiff’s witnesses (including the plaintiff herself), admitting into evidence a variety of exhibits and receiving a full and complete proffer of the remainder of plaintiff’s case, I have determined that defendant’s motion has merit. Accordingly, I am prepared to grant that motion.

Plaintiff has sought to litigate a variety of claims flowing from personnel decisions [49]*49made by her employer the U.S. Arms Control and Disarmament Agency (“ACDA”) where she worked as a secretary.

Plaintiff, an employee of ACDA since its inception, claims that, for at least five years, she was without a position description, title, series or grade as required by the Civil Service Reform Act (“CSRA”) and relevant Office of Personnel Management (“0PM”) regulations.

Plaintiff alleges that she was carried as a GS-9 regardless of the duties she performed.

Plaintiff claims that beginning in October of 1981, she was performing GS-10 duties while in a GS-9 position and, accordingly, was entitled to the rank of GS-10.

Plaintiff complains that she did not receive equal pay for equal work.

Plaintiff alleges that an unlawful “over-complement” system existed at ACDA from approximately January 1979 until March 1985. Under this alleged system, whereby competitive service employees remained in unclassified positions without position descriptions or appropriate ranking, plaintiff complains she suffered harm.

Plaintiff complains that as a consequence of the foregoing she suffered, inter alia, loss of pay, loss of career advancement, loss of job training opportunities, and loss retirement benefits.

Plaintiff seeks relief in the form of back pay, a promotion to GS Level-10 and an end to illegal personnel practices.

There is no doubt that plaintiff, under merit system principles, is entitled to equal pay for equal work. Moreover, the “over-complement” system that has been alleged is at odds with Chief Judge Robinson’s holding in Crowley v. Kissinger.1 However, these facts alone cannot confer jurisdiction in this Court.

The question of jurisdiction has presented a vexing problem. This is a difficult ease because of Chief Judge Robinson’s strong language in Crowley and my own fervid belief that agencies of the government simply should not be permitted to engage in unlawful personnel practices.

Nevertheless, I am faced with — and obliged to follow — the holdings of the Supreme Court and our own Court of Appeals. A careful reading of United States v. Fausto, 484 U.S. 439, 108 S.Ct. 668, 98 L.Ed.2d 830 (1988), leads me to the inescapable conclusion that district courts no longer have jurisdiction over the type of case now before me. Justice Scalia’s words could not be anymore certain nor his logic anymore persuasive or timely.

The Civil Service Reform Act of 1978 provides an exclusive remedy for civil servants complaining of injury resulting from personnel actions.2 This court has been divested of jurisdiction to hear such claims. Thus, in this action the Court has no jurisdiction regardless of the jurisdictional provision plaintiff attempts to invoke.3 To hold otherwise would “turn upside down” and “seriously undermine” the very principles enunciated in Fausto.4 The exclusivity of the Civil Service Reform Act, in all but the most rare case,5 is now beyond doubt.

Despite the ruling in Fausto, plaintiff has presented several arguments for why this Court does in fact have jurisdiction. For the reasons stated below, I find these arguments unpersuasive.

First, plaintiff argues that the wrongful acts taken against plaintiff were acts of omission and, therefore, not subject to review. Most notably, plaintiff suggests that a challenge to her classification was not possible because she never was given a [50]*50position description, title, series and grade to actually challenge.

This position is untenable. “Prohibited personnel practices,” by definition, encompass the very situation described by plaintiff. The relevant statute specifically prohibits “tak[ing] or fail[ing] to take any action if the taking of or failure to take such action violates any law, rule or regulation implementing, or directly concerning, the merit system principles contained [herein].” 5 U.S.C. Sec. 2302(b)(ll) (emphasis added).

Moreover, plaintiffs own witness, Ms. Hazel Mingo, former ACDA Personnel Officer, testified that a classification challenge could be effectively lodged with the Office of Personnel Management even if plaintiff had no position description. Ms. Mingo stated that, once an employee who was without a position description complained, OPM would require the agency to prepare a position description. Thereafter, the individual could renew the challenge.6

Second, plaintiff contends that the failure to provide her with a position description or appropriate classification meant that she was outside the Civil Service and, thereby, not covered by the CSRA remedial scheme. In effect, plaintiff would have this Court find that she was a type of sui generis employee not within the Civil Service. This simply cannot be the case.

During the entire period in question, plaintiff received pay as a member of the competitive service. Plaintiff paid money into the pension fund. Plaintiff made career decisions based on her desire to retain the benefits of her many years of government service. There can be no doubt that plaintiff was a member of the Civil Service.

Concededly, at times plaintiffs position was not appropriately described and at times she served without a position description. Obviously, every employee is entitled to a position description. However, I am not prepared to find that such an omission provides plaintiff with the ability to circumvent the CSRA and establish jurisdiction in this Court.

Moreover, plaintiff learned in 1980 that she was “overcomplement” and sat on her rights until the filing of this lawsuit. Dr. Manfred Eimer, plaintiffs supervisor, testified and plaintiff has admitted7 that plaintiff was attempting to secure a position as a career GS-10. Plaintiff stated that her job “should be classified GS-10 but has never been officially established due to my reluctance to accept a Schedule C and ACDA’s unwillingness to establish the job in the competitive service.”8 ACDA had a policy of requiring secretaries to Assistant Directors be Schedule C, not career, GS-10s. Plaintiff was attempting to establish herself as an exception to this policy.

It also should be noted that plaintiff did receive a position description in 1985. Plaintiff now claims that the position description is not to her liking.

I cannot find any reason to believe that these past missteps or present grievances resulted in plaintiff being beyond the reach of the CSRA or not a civil servant. Indeed, plaintiff refused to accept the Schedule C position because she did not want to jeopardize the benefits to which she was entitled as a career civil servant.

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Related

United States v. Fausto
484 U.S. 439 (Supreme Court, 1988)
William S. Barnhart v. Donald Devine, Director, Opm
771 F.2d 1515 (D.C. Circuit, 1985)
Spagnola v. Mathis
859 F.2d 223 (D.C. Circuit, 1988)

Cite This Page — Counsel Stack

Bluebook (online)
705 F. Supp. 48, 1989 U.S. Dist. LEXIS 1313, 1989 WL 9670, Counsel Stack Legal Research, https://law.counselstack.com/opinion/coyle-v-adelman-dcd-1989.