Ridenour v. United States

44 Fed. Cl. 202, 1999 U.S. Claims LEXIS 132, 1999 WL 396428
CourtUnited States Court of Federal Claims
DecidedJune 15, 1999
DocketNo. 97-816C
StatusPublished
Cited by6 cases

This text of 44 Fed. Cl. 202 (Ridenour v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ridenour v. United States, 44 Fed. Cl. 202, 1999 U.S. Claims LEXIS 132, 1999 WL 396428 (uscfc 1999).

Opinion

OPINION

WIESE, Judge.

Plaintiff is an employee of the United States Social Security Administration. On a number'of past occasions, plaintiff, acting pursuant to that agency’s “Employee Suggestion Program,” submitted proposals suggesting changes in administrative procedures relating to the processing of social security claims. Upon evaluation, the agency accepted these suggestions and, as authorized by the suggestion program, made cash awards to plaintiff, of varying amounts, measured against the estimated savings effected by the changes in procedure. The basis of plaintiffs complaint is that the agency miscalculated the savings attributable to his suggestions and, hence, failed to award him the amount called for by the suggestion program. The complaint seeks payment of an additional $84,000.

The Government has moved to dismiss the suit for lack of jurisdiction. Alternatively, the Government asks that we enter summary judgement in its favor on the ground that the facts hold out no basis for relief as a matter of law. The issues have been fully briefed by the parties and oral argument was heard on June 8, 1999. We conclude that the case is within our jurisdiction and presents a bonafide dispute as to which further proceedings will be required. The Government’s motions are therefore denied.

FACTS

For the purpose of addressing the issues presented by the Government’s motions, only a few background facts are necessary. Plaintiff, as we have already indicated, is an employee of the Social Security Administration (SSA or the agency). He holds a supervisory position with that agency and is assigned to its field office in Council Bluffs, Iowa.

At various times between 1985 and 1996, plaintiff submitted suggestions for improvements in operational procedures under the agency’s employee suggestion system. That system, formally referred to as the Employee Suggestion Program (the program), is part of the Incentive Awards Program established by the Government Employees Incentive Awards Act of September 1, 1954, 5 U.S.C. §§ 2121-23 (1964) (current version at 5 U.S.C. §§ 4501-23 & Supp. Ill 1997). The purpose' of the program is to encourage employees to submit suggestions for “improving the efficiency, effectiveness, and economy of the Government.” 5 C.F.R. § 451.102 (1999). To further that end, agencies are authorized to grant monetary, honorary, or informal recognition awards to employees whose suggestions have been accepted and put into use. The details of the program, including the guidelines for award, are set out in the SSA Personnel Manual for Supervisors, ch. S4513 (the manual).1

Four of plaintiffs accepted suggestions form the basis of his action in this court. In each instance, the gist of his grievance is that the agency failed to honor the dictates of its manual by failing to calculate correctly the savings achieved by the Government through [205]*205the use of his suggestions, thereby diminishing the amount of the award he properly was due. Plaintiff maintains that the acceptance of his suggestions gave rise to implied-in-fact contracts and that the agency’s alleged departure from the award guidelines amounts to a breach of those contracts.

Defendant seeks dismissal of the suit based on this court’s claimed lack of jurisdiction over the subject matter and on plaintiffs alleged failure to state an enforceable right to monetary relief. We examine defendant’s arguments below.

DISCUSSION

The Jurisdictional Issue

We begin our discussion with defendant’s contention that this court does not have jurisdiction to hear plaintiffs suit. The argument starts with the rule, first expressed in United States v. Fausto, 484 U.S. 439, 108 S.Ct. 668, 98 L.Ed.2d 830 (1988), that, with respect to personnel matters affecting the federal employment relationship that are addressed in the Civil Service Reform Act of 1978 (CSRA or the Act), Pub.L. No. 95-454, 82 Stat. 1111 et seq. (codified, as amended, in various sections of 5 U.S.C. (1994 ed. and Supp. III 1997)), the mechanisms for relief established by that Act provide the concerned employee’s only remedies. “[U]nder the comprehensive and integrated review scheme of the CSRA, the Claims Court [now Court of Federal Claims] (and any other court relying on Tucker Act jurisdiction) is not an ‘appropriate authority’ to review an agency personnel determination.” Fausto, 484 U.S. at 454, 108 S.Ct. 668.

Proceeding with this thought, defendant points to the Act’s list of prohibited personnel practices which includes, inter alia, any arbitrary action by supervisory officials in respect to “a decision concerning [an employee’s] pay, benefits, or awards.” 5 U.S.C. § 2302(a)(2)(A)(ix). Since this case concerns a decision regarding an award, defendant argues that the claim amounts to an allegation involving a prohibited personnel practice, the investigation and resolution of which falls—as specified by 5 U.S.C. § 1214 (1994) — exclusively under the aegis of the Office of Special Counsel.

By way of confirmation of these views, we are referred to the decision in Weber v. Department of the Army, 9 F.3d 97 (Fed.Cir.1993) in which the court, explicitly stated that “[a]wards are ... personnel actions.” Id. at 100. That characterization, taken together with the exclusiveness of the Civil Service Reform Act relief, leads defendant to conclude that plaintiff has no remedy in this court.

We disagree with defendant’s argument. As we see it, defendant repeats here the same analytical error that was committed by the claimant in Weber — the failure to distinguish between awards that are management-initiated (and geared to the employee’s job performance) and awards that begin with the voluntary actions of an employee addressing concerns beyond the scope of the employee’s official duties.

To explain further: the plaintiff in Weber was a civilian employee of the Army Executive Support Agency who had submitted a value engineering proposal aimed at reducing helicopter maintenance costs. The proposal was not accepted. Weber challenged this action before the Office of Special Counsel, claiming that a decision on a value engineering change proposal was equivalent to a decision on an award and that, in unfairly rejecting his proposal (his allegation), the Army had committed a prohibited personnel practice.

The Office of Special Counsel rejected the claim because it found no evidence of a prohibited personnel practice. Thereafter, plaintiff appealed to the Merit Systems Protection Board (MSPB or board). This appeal, however, was unsuccessful. In the board’s view, a decision on an award within the meaning of 5 U.S.C. § 2302

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Bluebook (online)
44 Fed. Cl. 202, 1999 U.S. Claims LEXIS 132, 1999 WL 396428, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ridenour-v-united-states-uscfc-1999.