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Campbell was paid under the same grade as individuals she
formerly supervised and who were previously paid at a lower
grade.
Mrs. Campbell appealed the reclassification of her position
to the Merit Systems Protection Board (MSPB). As the sole basis
for her appeal, Mrs. Campbell argued that because the
reclassification of her position from supervisory to
nonsupervisory resulted in a reduction in grade, OTS should have
followed the Office of Personnel Management (OPM) reduction-in-
force (RIF) procedures contained in 5 C.F.R. pt. 351 (1990), when
effecting its reorganization. Mrs. Campbell argued that because
OTS did not follow the RIF regulations, the MSPB should vacate
the agency action and award her compensatory damages, including
lost wages and benefits she would have been entitled to had she
retained her position. Mrs. Campbell did not raise any other
basis for relief from the adverse agency action with the MSPB.
On February 28, 1994, the MSPB issued a final order (the
Order) resolving Mrs. Campbell’s dispute with OTS. In the Order,
the MSPB found that Mrs. Campbell was demoted as a result of
OTS’s reclassification of her position and that Mrs. Campbell’s
demotion constituted an appealable RIF action. The MSPB found
that because OTS did not follow the RIF regulations in effecting
Mrs. Campbell’s demotion, the demotion could not be sustained.
Based on these findings, the MSPB ordered OTS to cancel Mrs.
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