DECISION OF THE BOARD OF DIRECTORS

For the reasons stated in the opinions attached hereto, the Board hereby AFFIRMS the decision of the Hearing Officer in this case.

It is so ordered.

Issued, Washington, D.C., May 22, 1998.

Chairman Nager, joined by Member Seitz, concurring in the judgment.

Substantial evidence in the record supports the Hearing Officer’s decision on Mrs. Johnson’s promotion claim. Substantial evidence in the record also supports the Hearing Officer’s decision that principles of preclusion law appropriately bar relitigation of Mrs. Johnson’s claim that respondent discriminated against her on the basis of sex in assigning overtime work. Accordingly, the Hearing Officer’s decision should be affirmed.

As found by the Hearing Officer, Mrs. Johnson has been employed since 1971 by the Office of the Architect of the Capital (“AOC”) in the Night Cleaning Division assigned to the Senate Office Building. See Betty Jean Johnson v. The Office of the Architect of the Capitol, No. 96-AC-25 (Dec. 3, 1996) at 3 (Finding of Fact No. 1) (the “Decision”). She is currently a cleaning supply room worker, WG-6901-04/05. See id. Her primary duties are distributing supplies to custodial workers, cleaning offices, and answering the telephone. See id. During her years of service, she has held a number of job designations, including custodial worker, laborer, linen room and cleaning supply room worker, and has applied for, but has never held, any supervisory positions. See id. (Finding of Fact No. 2).

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