Gerald L. Naekel v. Department of Transportation, Federal Aviation Administration

I join all aspects of the court’s opinion except that of Part A, to which I respectfully dissent. I concur in the rationale of Part B, but because of my conclusion as to Part A, the calculation of Part B would of course be based on the required progression in grade.

As to the issues of grade and level, I believe that this case fully meets the standards of the Federal Personnel Manual and interpretive decisions, as discussed infra, requiring that Mr. Naekel’s back pay and overtime be calculated at the grade progression set by the “Up or Out Policy” of FAA Form 3300-39 and the Training…