DECISION OF THE BOARD OF DIRECTORS
This consolidated appeal is before the Board of Directors (“Board”) pursuant to the appellants’ petition for review (“PFR”) of the Hearing Officer’s April 26, 2016 Decision and Order, which found unproven their claims that the Office of the Architect of the Capitol (“AOC”) denied them promotion or pay increases to the GS-13 level because of racial discrimination (African American) and in retaliation for opposing racial discrimination and reporting unsafe working conditions covered by the Occupational Safety and Health Act (”OSHAct”).
Upon due consideration of the Hearing Officer’s Order, the parties’ briefs and filings, and the record in these proceedings, the Board affirms the Hearing Officer’s decision on all claims.
I. Background
The appellants, along with six other Utility Distribution System (“UDS”) team members, encumber the position of Engineering Technician (Mechanical), GS-0802-12, at the AOC’s Utilities and Power Plant Operations (“Capitol Power Plant”). In January 2015, following counseling and mediation, the appellants filed their Complaints with the Office of Compliance (“OOC”), which were subsequently consolidated. The consolidated Complaints contained 22 counts alleging racial discrimination; retaliation for opposition to racial discrimination and for opposition to matters made unlawful by the OSHAct; and retaliation for participating in and prosecuting this matter before the OOC. Under each of the foregoing bases the appellants alleged the following acts of discrimination and retaliation: (1) refusal to noncompetitively promote them to a GS-13 Grade based on an accretion of duties; (2) refusal to compensate them for their performance of higher graded duties than their GS-0802-12 positions; (3) denial of a non-competitive promotion to a GS-13 grade and position pursuant to an audit of their GS- 0802-12 current positions; (4) denying them non-competitive promotions to a GS-13 grade and positions by depriving them of an audit independent of the audit conducted on the other GS-0802-12 employees of the UDS Team; (5) denying them a non-competitive promotion to a GS-13 Facility Operations Position;
