Ramspeck v. Federal Trial Examiners Conf., 345 U.S. 128 (1953)

Ramspeck v. Federal Trial Examiners Conference

No. 278

Argued January 9, 12, 1953
Decided March 9, 1953
345 U.S. 128

CERTIORARI TO THE UNITED STATES COURT OF APPEALS

FOR THE DISTRICT OF COLUMBIA CIRCUIT

Syllabus

Certain provisions of regulations promulgated by the Civil Service Commission under § 11 of the Administrative Procedure Act and governing the classification, promotion, compensation and tenure of trial examiners and the assignment of cases to them are here sustained as conforming to the statute and carrying out the purpose and intent of Congress. Pp. 129-143.

1. The provision of § 11 of the Act that hearing examiners shall receive compensation prescribed by the Commission "in accordance with the Classification Act" authorizes the Commission to establish more than one salary grade for hearing examiners employed by a particular agency, and § 34.10 of the Regulations is valid. Pp. 134-137.

2. Section 34.4 of the Regulations, which provides for the promotion of individual hearing examiners and gives the agency a choice as to how a vacancy in a higher grade may be filled -- i.e., by promotion from within or otherwise -- does not violate § 11 of the Act. Pp. 137-139.

3. The provision of § 11 of the Act that hearing examiners "shall be assigned to cases in rotation so far as practicable" does not require that all hearing examiners employed by a particular agency be assigned to cases in mechanical rotation without regard to the difficulty or complexity of particular cases or the experience or competence of particular examiners, and § 34.12 of the Regulations is valid. Pp. 139-140.

4. Section 34.15 of the Regulations, which provides for a reduction in force of examiners under circumstances governing the reduction in force of other federal employees, is not inconsistent with the provision of § 11 of the Act that examiners "shall be removable . . . only for good cause established and determined by the Civil Service Commission. . . ." Pp. 140-143.

91 U.S.App.D.C. 164, 202 F.2d 312, reversed.

The District Court enjoined enforcement of four Civil Service Rules concerning trial examiners. 104 F.Supp. 734. The Court of Appeals affirmed. 91 U.S.App.D.C. 164, 202 F.2d 312. This Court granted certiorari. 344 U.S. 853. Reversed and remanded with directions to dismiss the complaint, p. 143.