B-167109, JUL. 14, 1969

B-167109: Jul 14, 1969

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

SINCE EMPLOYEE WAS NOT SERVING UNDER APPOINTMENT IN GRADE W-11 FOR PERIOD IN QUESTION RULE THAT PERFORMANCE OF HIGHER GRADE DUTIES DOES NOT IN ITSELF CHANGE CLASSIFICATION OR ENTITLE EMPLOYEE TO ADDITIONAL COMPENSATION IS FOR APPLICATION. BRIEFLY STATED THE FACTS ARE THAT DUE TO A REDUCTION IN FORCE YOU WERE DEMOTED FROM THE POSITION OF AIRCRAFT ELECTRICAL SYSTEMS INSPECTOR. YOUR DEMOTION WAS TO BE EFFECTIVE DECEMBER 23. THAT ACTION WAS CANCELLED BY STANDARD FORM 50 DATED JANUARY 28. ON WHICH DATE YOU WERE REPROMOTED TO AIRCRAFT INSPECTOR. YOU STATE THAT DURING THE PERIOD IN QUESTION YOU CONTINUED TO PERFORM THE DUTIES OF YOUR FORMER POSITION (AIRCRAFT ELECTRICAL SYSTEMS INSPECTOR) AND CONTEND THAT YOU SHOULD HAVE BEEN COMPENSATED AT THE RATE FOR GRADE W-11.

B-167109, JUL. 14, 1969

CIVIL PAY - COMPENSATION RATES DECISION TO CLAIMANT SUSTAINING SETTLEMENT DISALLOWING CLAIM FOR ADDITIONAL COMPENSATION REPRESENTING DIFFERENCE IN SALARY BETWEEN GRADE W- 11 AND GRADE W-10 AS EMPLOYEE OF DEPARTMENT OF THE AIR FORCE. SINCE EMPLOYEE WAS NOT SERVING UNDER APPOINTMENT IN GRADE W-11 FOR PERIOD IN QUESTION RULE THAT PERFORMANCE OF HIGHER GRADE DUTIES DOES NOT IN ITSELF CHANGE CLASSIFICATION OR ENTITLE EMPLOYEE TO ADDITIONAL COMPENSATION IS FOR APPLICATION.

TO MR. GEORGE G. CLESSON:

WE REFER TO YOUR LETTER OF MAY 5, 1969, REQUESTING REVIEW OF OUR OFFICE SETTLEMENT DATED MAY 1, 1969, WHICH DISALLOWED YOUR CLAIM FOR PAYMENT OF ADDITIONAL COMPENSATION REPRESENTING THE DIFFERENCE IN SALARY BETWEEN GRADE W-11 AND GRADE W-10 FOR THE PERIOD DECEMBER 23, 1962, THROUGH NOVEMBER 12, 1967, AS AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE.

BRIEFLY STATED THE FACTS ARE THAT DUE TO A REDUCTION IN FORCE YOU WERE DEMOTED FROM THE POSITION OF AIRCRAFT ELECTRICAL SYSTEMS INSPECTOR, W-11, STEP 3 ($2.82 PER HOUR) TO THE POSITION OF AIRCRAFT SYSTEMS ELECTRICIAN, W -10, STEP 3 ($2.73 PER HOUR) EFFECTIVE FEBRUARY 17, 1963. INITIALLY, YOUR DEMOTION WAS TO BE EFFECTIVE DECEMBER 23, 1962. HOWEVER, THAT ACTION WAS CANCELLED BY STANDARD FORM 50 DATED JANUARY 28, 1963. YOU OFFICIALLY OCCUPIED THE POSITION OF AIRCRAFT SYSTEMS ELECTRICIAN, W-10, UNTIL NOVEMBER 17, 1967, ON WHICH DATE YOU WERE REPROMOTED TO AIRCRAFT INSPECTOR, W-11.

WE UNDERSTAND THAT YOU DO NOT CONTEST THE PROPRIETY OF THE REDUCTION IN- FORCE ACTION AND YOUR RESULTING DEMOTION TO GRADE W-10. HOWEVER, YOU STATE THAT DURING THE PERIOD IN QUESTION YOU CONTINUED TO PERFORM THE DUTIES OF YOUR FORMER POSITION (AIRCRAFT ELECTRICAL SYSTEMS INSPECTOR) AND CONTEND THAT YOU SHOULD HAVE BEEN COMPENSATED AT THE RATE FOR GRADE W-11, STEP 3, DURING THAT PERIOD.

THE RULE IS WELL ESTABLISHED THAT THE PERFORMANCE OF DUTIES OF A HIGHER CLASSIFICATION THAN THAT TO WHICH THE EMPLOYEE OFFICIALLY IS ASSIGNED DOES NOT, IN ITSELF, EFFECT A CHANGE IN CLASSIFICATION NOR DOES IT ENTITLE THE EMPLOYEE TO ADDITIONAL COMPENSATION FOR THE DUTIES PERFORMED. A FEDERAL EMPLOYEE IS ENTITLED ONLY TO THE COMPENSATION OF THE POSITION TO WHICH HE PROPERLY IS APPOINTED REGARDLESS OF THE DUTIES AND RESPONSIBILITIES ASSIGNED TO HIM. COLEMAN V UNITED STATES, 100 CT. CL. 41; PRICE V UNITED STATES, 112 CT. CL. 198; GANSE V UNITED STATES, 180 CT. CL. 183.

SINCE THERE IS NO EVIDENCE SHOWING THAT YOU WERE SERVING UNDER AN APPOINTMENT TO A POSITION IN GRADE W-11 DURING THE PERIOD IN QUESTION WE MUST, IN ACCORDANCE WITH THE RULE EXPRESSED ABOVE, SUSTAIN THE DISALLOWANCE OF YOUR CLAIM.