Grasso v. I.R.S., 80-2169
| Decision Date | 26 August 1981 |
| Docket Number | No. 80-2169,80-2169 |
| Citation | 657 F.2d 224 |
| Parties | Salvatore J. GRASSO, Petitioner, v. INTERNAL REVENUE SERVICE, Respondent. |
| Court | U.S. Court of Appeals — Eighth Circuit |
Robert D. Kingsland, U. S. Atty., St. Louis, Mo., Megan Yearout, Atty., I. R. S., Chicago, Ill., for appellee.
Edward R. Joyce, St. Louis, Mo., for appellant.
Before GIBSON, Senior Circuit Judge, and ROSS and STEPHENSON, Circuit Judges.
Salvatore Grasso appeals the decision of the Merit Systems Protection Board that it lacked jurisdiction to review a decision by the Internal Revenue Service regarding his reassignment from the position of Criminal Investigator GS-7 to the position of Internal Revenue Agent GS-7.
The reassignment was the result of a November 1978 incident involving Grasso and a parking lot attendant during which Grasso allegedly misused his credentials as a federal agent and improperly displayed a firearm. The matter was investigated by IRS officials and Grasso was suspended for five days for misusing his credentials in violation of IRS regulations. He was reassigned to the position of IRS agent because agency officials felt that due to the nature of the incident his future effectiveness as a criminal investigator could be impaired. Grasso contested the assignment which, although found to be unwarranted by an IRS grievance examiner, was upheld by the agency. In its decision denying review the Merit Systems Protection Board stated that this was not a reduction in pay under 5 U.S.C. § 7512, since the applicable definition of base pay does not encompass retirement benefits and that review was not available under 5 U.S.C. § 8347(d).
On appeal Grasso argues that: 1) the reassignment which resulted in the loss of the 20-year retirement benefit provided law enforcement officials (under 5 U.S.C. § 8336 Grasso, as a criminal investigator, would be eligible for immediate retirement upon completion of 20 years of service) and the accompanying one percent reduction in allowable retirement deductions constitutes a reduction in pay and is appealable to the board under 5 U.S.C. § 7512; and 2) that the reassignment resulted in the delay of a promotion in pay grade from July 5, 1979, to September 9, 1979, and could be considered a denial of a pay increase under section 7512.
The scope of judicial review of decisions by the Merit Systems Protection Board is limited to ensuring that required procedures have been followed and that the action taken was not arbitrary or capricious. Hurley v. United States, 575 F.2d 792, 793 (10th Cir. 1978); Wroblaski v. Hampton, 528 F.2d 852, 853 (7th Cir. 1976). This test requires only that the agency decision have a rational basis in the law. Hurley v. United States, supra, 575 F.2d at 794; Wroblaski v. Hampton, supra, 528 F.2d at 853.
Pay, for purposes of the Veterans' Preference Act, is defined as "the rate of basic pay fixed by law or administrative action for the position held by an employee." 5 U.S.C. § 7511(a)(4). Neither the Act nor...
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Grasso v. United States, 81-563 C (2).
...judgment. In its motion, it is the defendants' first contention that the decision of the Eighth Circuit in Grasso v. Internal Revenue Service, 657 F.2d 224 (8th Cir. 1981) disposes of the issues before this Court, presented by plaintiff's complaint. In its opinion the Eighth Circuit upheld ......
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Wilson v. Merit Systems Protection Bd.
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