The Senior Executive Service won another legal skirmish yesterday in its long-running battle over back pay for more than 9,000 current and former members denied a pay raise by Congress in the early 1980s.
The U.S. District Court for the Eastern District of Wisconsin ruled yesterday against the government and ordered it to give back pay to persons who were in the SES in Levels 1, 2 or 3 in fiscal years 1980 through 1983.
The court had previously awarded back pay to SES members at higher grade levels.
The SES charged that the executives had been improperly denied full pay raises granted other government employes in the early 1980s because of a cap imposed on their pay by Congress. The court has approved back payments of up to $5,934 each for SES members in Levels 4, 5 and 6.
Most SES members, whose salaries range from $61,296 to $72,300 a year, work in the Washington area.
Under terms of the latest agreement, SES personnel in Level 1 will get back payments of $2,134 for fiscal 1981 and $659 for fiscal 1982.
SES personnel in Level 2 will get $2,637 for fiscal 1981 and $659 if they were in that pay level in fiscal 1982.
SES members in Level 3 will get payments of nearly $3,300.
The court ordered the government to pay lawyers' fees for the SES amounting to 3 to 4 percent of the settlement, but denied a request by the executives that interest be paid on the settlement.
Although the government is prepared to mail the checks by March there could a delay if there is an appeal.
The case was brought by a group of federal executives with the National Labor Relations Board in Milwaukee.
The government opposed the back payment on grounds that the court did not have jurisdiction over federal pay cases. But the government ultimately lost when the Supreme Court refused to hear the appeal. Christmas Gift
About 500 workers at the Farmers Home Administration have collected $4,285 in cash as well as clothing and food for the families of two West Virginia co-workers whose homes were destroyed by floods last month. The money will be sent to the employes in Spencer and Philippi, W.Va., in time for Christmas. Nice work, FHA! Jobs
The Patent and Trademark Office wants a legal technician, Grade 5 through 7. Call Doris Mouser at 557-3631.