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Reassignment Does Not Automatically Create a Right to Appeal

Reassignment

Non-Essential Tax Collector
IRS
Mon Jan 26, 2009 9:50 AM

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I disagree with the court's reasoning. A GS-13 management position is obviously a very different position than a GS-13 agent. There is a lot more to a job than the pay. The Federal Appeals Court should take a look at the Burlington Northern opinion which was handed down by the Supreme Court in 2007, which makes that very point. I think it would have been more honest if the court had simply acknowledged that management has a great deal more discretion in choosing fellow managers than in rank-and-file employees, and for whatever reason, IRS management did not want this individual among their ranks. I believe that when the courts split hairs to reach technically correct but illogical results, it undermines the courts' credibility.

Reassignment

Attorney at Law
none (private law firm)
Mon Jan 26, 2009 12:22 PM

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You wrote: "The end result is that the agency can reassign—regardless as to whether it's voluntary or involuntary—under these circumstances and there is no appeal to the Board."

True. However, an involuntary transfer for discriminatory (or arguably discriminatory) reasons can give rise to an appeal to the EEOC.

Re: Reassignment

hr
DoD
Tue Jan 27, 2009 2:20 PM
True....but you have to have that element of "discrimination" in there...and you probably know, it's hard to prove unless you have direct evidence, i.e., the manager was on record saying, "you're too old," or "I don't like women" and so forth. You get the gist, it's like one in a hundred million chance.

That's the way it is

Union Steward
DOD
Wed Mar 4, 2009 9:30 AM

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I'm being reassigned this Friday. Today my desk is at the front door reception area, the only non-emergency exit, and I see and hear almost all that goes on in a room of 100 people. On Friday, I'll literally move to the back door, behind a wall with only 5 co-workers. It's considered the same job, pay, grade, etc. I know that the work is very different from what I've done but I'm basically qualified (with a BA degree). I'm most concerned that I'll be out of touch with my bargaining unit. My union business agent won't even consider helping me grieve this move. If my union district officer will not help, who can?

Total Comments: 4
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