In March of 1971, a group of government lawyers for the INS brought suit under the Administrative Procedures Act, 5 U.S.C. § 701, et seq., in the United States District Court for the Eastern District of New York, seeking to have their job pay grades reclassified from GS-12 to GS-14. The lawsuit ...
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In March of 1971, a group of government lawyers for the INS brought suit under the Administrative Procedures Act, 5 U.S.C. § 701, et seq., in the United States District Court for the Eastern District of New York, seeking to have their job pay grades reclassified from GS-12 to GS-14. The lawsuit followed administrative proceedings before the Civil Service Commission, which ultimately ruled that the jobs were properly classifiable at grade GS-13, but denied the plaintiffs' request for GS-14 reclassification.
On July 23, 1972, the District Court (Judge Rosling) certified the case as a class action, with the class consisting of all similar attorneys employed by I.N.S. in grade GS-13. Thereafter, Judge Rosling passed away and the case was transferred to District Judge Judd, who remanded the case to the Civil Service Commission. Following remand to the Commission, the parties agreed that a study of plaintiffs' duties should be undertaken by an independent attorney. The report of that study, dated March 31, 1976 concluded that plaintiffs' jobs should have properly been classified as grade GS-14. The Commission then ordered a re-classification to grade GS-14, but it was not made retroactive. Plaintiffs then moved for summary judgment in the District Court, seeking an order that the GS-14 grade be made retroactive to 1967 and for back pay.
On April 26, 1978, the District Court (Judge J. Nickerson) held that : (1) the doctrine of sovereign immunity barred claims for back pay by the attorneys; (2) the doctrine of sovereign immunity also barred amendment of employment records so as to entitle the attorneys to increased pensions and benefits or to immediate promotions regardless of existing vacancies; and (3) the Civil Service Commission was not immune from an award to attorneys of modest relief of being eligible for promotions unprejudiced by their previous wrongful classification. Leopold v. U.S. Civil Service Commission, 450 F.Supp. 154 (E.D. NY 1978).
We have no further information on the case.Brian Ponton - 08/31/2007