B-186249, JUNE 9, 1977
Highlights
RECOMMENDATION OF GRIEVANCE EXAMINER FOR RETROACTIVE TEMPORARY PROMOTION AND BACK PAY FOR EMPLOYEE WHO WAS APPOINTED TO EXTENDED DETAIL BEYOND 120 DAYS MAY BE IMPLEMENTED AS CSC PERMISSION FOR EXTENSION WAS NOT RECEIVED AS IS REQUIRED BY CHAPTER 300. WAS DETAILED TO A GS-14 POSITION. THE GRIEVANCE EXAMINER FOUND THAT HUD HAD NOT REQUESTED AN EXTENSION OF TIME FOR THIS DETAIL BEYOND THE ORIGINAL 120 DAYS AS IS REQUIRED BY CHAPTER 300 OF THE FEDERAL PERSONNEL MANUAL. THE RECORD INDICATES THAT THE FACTS IN THIS CASE REGARDING AN APPOINTMENT TO AN EXTENDED DETAIL BEYOND 120 DAYS ARE SIMILAR TO THOSE OF TURNER- CALDWELL IN THAT PERMISSION TO EXTEND THE DETAIL BEYOND 120 DAYS WAS NOT OBTAINED FROM THE CIVIL SERVICE COMMISSION.
B-186249, JUNE 9, 1977
RECOMMENDATION OF GRIEVANCE EXAMINER FOR RETROACTIVE TEMPORARY PROMOTION AND BACK PAY FOR EMPLOYEE WHO WAS APPOINTED TO EXTENDED DETAIL BEYOND 120 DAYS MAY BE IMPLEMENTED AS CSC PERMISSION FOR EXTENSION WAS NOT RECEIVED AS IS REQUIRED BY CHAPTER 300, FEDERAL PERSONNEL MANUAL. SEE 55 COMP.GEN. 539 (1975), AFFIRMED BY B-183086, MARCH 23, 1977, 56 COMP.GEN. . . . .
HUGH D. MCSTRAVICK - RETROACTIVE TEMPORARY PROMOTION FOR EXTENDED DETAIL BEYOND 120 DAYS.:
BY A LETTER DATED MARCH 31, 1976, MR. THOMAS G. CODY, ASSISTANT SECRETARY FOR ADMINISTRATION, DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT (HUD), REQUESTS AN ADVANCE DECISION AS TO WHETHER MR. HUGH D. MCSTRAVICK MAY BE GIVEN A RETROACTIVE TEMPORARY PROMOTION AND BACK PAY AS RECOMMENDED BY A GRIEVANCE EXAMINER.
THE RECORD SHOWS THAT MR. MCSTRAVICK, A GS-13 EMPLOYEE, WAS DETAILED TO A GS-14 POSITION, NAMELY ACTING ASSISTANT REGIONAL INSPECTOR GENERAL, REGIONAL III, FROM JULY 12, 1971, UNTIL MAY 12, 1975. SUBSEQUENTLY, MR. MCSTRAVICK FILED A GRIEVANCE REQUESTING INTER ALIA, A RETROACTIVE TEMPORARY PROMOTION FOR THE EXTENDED DETAIL.
THE GRIEVANCE EXAMINER FOUND THAT HUD HAD NOT REQUESTED AN EXTENSION OF TIME FOR THIS DETAIL BEYOND THE ORIGINAL 120 DAYS AS IS REQUIRED BY CHAPTER 300 OF THE FEDERAL PERSONNEL MANUAL. THEREFORE, IN ACCORDANCE WITH OUR DECISION MATTER OF EVERETT TURNER AND DAVID L. CALDWELL 55 COMP.GEN. 539 (1975), THE EXAMINER RECOMMENDED A TEMPORARY PROMOTION FOR THAT PORTION OF THE EXTENDED DETAIL BEGINNING 121 DAYS AFTER JULY 12, 1971. THE ASSISTANT SECRETARY IN HIS LETTER CONCURRED WITH THE FINDINGS OF THE GRIEVANCE EXAMINER AND INQUIRED IF THE RECOMMENDATION MAY BE IMPLEMENTED UNDER TURNER-CALDWELL. WE HELD THE MATTER IN ABEYANCE PENDING RECONSIDERATION OF TURNER-CALDWELL IN LIGHT OF UNITED STATES V. TESTAN, DECIDED BY THE UNITED STATES SUPREME COURT ON MARCH 2, 1976. BY DECISION B-183086, MARCH 23, 1977, 56 COMP.GEN. . . . , WE AFFIRMED TURNER- CALDWELL.
THE RECORD INDICATES THAT THE FACTS IN THIS CASE REGARDING AN APPOINTMENT TO AN EXTENDED DETAIL BEYOND 120 DAYS ARE SIMILAR TO THOSE OF TURNER- CALDWELL IN THAT PERMISSION TO EXTEND THE DETAIL BEYOND 120 DAYS WAS NOT OBTAINED FROM THE CIVIL SERVICE COMMISSION. ACCORDINGLY, THE RECOMMENDATION OF THE GRIEVANCE EXAMINER MAY BE IMPLEMENTED.