Request for Backpay for Higher Grade Duties

An Internal Revenue Service (IRS) employee requested further consideration of his claim for backpay based on his contention that for a 16-month period he had performed duties of a higher grade than the grade of the position to which he was appointed. The employee was temporarily reassigned without promotion to the Economic Stabilization Program to perform investigative duties from 1971 to 1973. He contended that during this time he served as a supervisor of a sizable group including some employees in grade GS-13. He claimed backpay at the grade GS-13 level for this service and supported his claim with letters from the Civil Service Commission (CSC) and his union indicating that he did perform supervisory duties. According to the IRS, the Economic Stabilization Program was a hastily instituted program. Because of uncertainties concerning the workload or demands of the program, CSC granted special authority to the IRS to detail employees for the duration of the Program without prior approval. Also, the IRS contended that it could find no records which indicated that the employee performed the duties of a grade GS-13 position. Consequently, both the IRS and the GAO Claims Division denied the employee's backpay claim on the ground that he was not detailed to a position classified in the higher grade. The employee contended in his appeal that the position he held was misclassified and that others performing duties similar to his were classified in grade GS-13. He claimed retroactive pay for services rendered in a lower grade position that should have been upgraded. GAO held that an employee was only entitled to the compensation of the position to which he was officially appointed without regard to the duties he performed. The settlement action of the Claims Division denying the employee's claim was sustained.