Thomas Andrew and Diane Koerner Campbell - Page 4




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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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