B-178562, JUL 10, 1973

B-178562: Jul 10, 1973

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OF CLAIM FOR BACK PAY FOR PERIOD PRIOR TO RECLASSIFICATION ACTION BY WHICH GRADE LEVEL WAS RAISED FROM GS-2 TO GS-4. THE FACTS IN YOUR CASE AS STATED IN THE SETTLEMENT WERE AS FOLLOWS: THE RECORD SHOWS THAT YOU WERE HIRED BY THE DEPARTMENT OF THE ARMY. WHICH WAS THAT OF A CLERK GS-301-02. IT IS REPORTED THAT BOTH YOUR CLASSIFICATION AND SALARY WERE PROPERLY DETERMINED IN ACCORDANCE WITH ADMINISTRATIVE POLICIES IN EFFECT AT THE TIME. A SUBSEQUENT DESK SURVEY OF THE POSITION REVEALED THAT THE DUTIES ACTUALLY BEING PERFORMED BY YOU WERE COMPARABLE TO THOSE OF A PRODUCTION CONTROL CLERK AT THE GS-4 LEVEL. OTHER DUTIES WERE ADDED TO THOSE YOU WERE ALREADY PERFORMING. YOUR POSITION WAS RECLASSIFIED AND UPGRADED.

B-178562, JUL 10, 1973

DISALLOWANCE SUSTAINED, UPON REVIEW, OF CLAIM FOR BACK PAY FOR PERIOD PRIOR TO RECLASSIFICATION ACTION BY WHICH GRADE LEVEL WAS RAISED FROM GS-2 TO GS-4.

TO MRS. JENNE L. YOUNGBLOOD:

IN YOUR LETTER OF APRIL 16, 1973, YOU ASK FOR REVIEW OF THE DISALLOWANCE OF YOUR CLAIM FOR BACK PAY IN SETTLEMENT CERTIFICATE OF APRIL 10, 1973, FROM OUR TRANSPORTATION AND CLAIMS DIVISION.

THE FACTS IN YOUR CASE AS STATED IN THE SETTLEMENT WERE AS FOLLOWS:

THE RECORD SHOWS THAT YOU WERE HIRED BY THE DEPARTMENT OF THE ARMY, STALLION MAINTENANCE SECTION, WHITE SANDS MISSILE RANGE, TO FILL EXISTING JOB NO. 72-8, WHICH WAS THAT OF A CLERK GS-301-02. IT IS REPORTED THAT BOTH YOUR CLASSIFICATION AND SALARY WERE PROPERLY DETERMINED IN ACCORDANCE WITH ADMINISTRATIVE POLICIES IN EFFECT AT THE TIME. A SUBSEQUENT DESK SURVEY OF THE POSITION REVEALED THAT THE DUTIES ACTUALLY BEING PERFORMED BY YOU WERE COMPARABLE TO THOSE OF A PRODUCTION CONTROL CLERK AT THE GS-4 LEVEL. AS A RESULT OF THE SURVEY, OTHER DUTIES WERE ADDED TO THOSE YOU WERE ALREADY PERFORMING, AND YOUR POSITION WAS RECLASSIFIED AND UPGRADED. YOU WERE PROMOTED TO GRADE GS 4, STEP 8, EFFECTIVE JUNE 18, 1972. ***

IN YOUR LETTER OF JULY 18, 1972, SETTING FORTH YOUR CLAIM YOU STATED IN PERTINENT PART:

MY POINT IS THIS. INASMUCH AS I HAVE PERFORMED THE PRODUCTION CONTROL DUTIES AT STALLION MAINTENANCE SECTION AT THE GS-02 LEVEL, I FEEL I AM ENTITLED TO BACK PAY. ***

IN VIEW OF SUCH STATEMENT IT WAS CONCLUDED THAT IT WAS YOUR CONTENTION YOU WERE ENTITLED TO BACK PAY BECAUSE YOU WERE PERFORMING HIGHER LEVEL DUTIES FOR THE PERIOD OF YOUR CLAIM AND THIS ENTITLED YOU TO RETROACTIVE ADJUSTMENT OF YOUR GRADE TO DECEMBER 6, 1971. YOU NOW STATE:

***IT IS NOT MY CONTENTION THAT BECAUSE I WAS PERFORMING HIGHER LEVEL DUTIES I AM ENTITLED TO BACK PAY. MY CONTENTION IS THAT I WAS HIRED TO FILL JOB NO. 71-33 *** PRODUCTION CONTROL CLERK, GS-05 SINCE IT WAS THE ONLY JOB OPENING AT STALLION MAINTENANCE SECTION AND WAS IN ACCORDANCE WITH THE EXISTING TDA I AM ENTITLED TO BACK PAY ***

A REVIEW OF YOUR CLAIM SHOWS THAT YOU WERE APPOINTED, AS STATED ABOVE, TO THE POSITION OF CLERK GS-301-2, POSITION NUMBER 72-8. YOU ENCLOSED A COPY OF THE DESCRIPTION OF THAT POSITION WITH YOUR LETTER OF JULY 18, 1972. SUCH POSITION DESCRIPTION INDICATES IT WAS ALLOCATED BY NELSON M. HOLDEN, JR. ON JULY 23, 1971, FOR USE AT THE WHITE SANDS MISSILE RANGE. MR. HOLDEN APPARENTLY IS THE SAME OFFICIAL WHO ALLOCATED THE POSITION OF PRODUCTION CONTROL CLERK (TYPING) GS-301-4 AFTER A DESK AUDIT OF YOUR WORK DURING MARCH 1972. A COPY OF THE GS-4 POSITION WAS NOT SUBMITTED NOR IS THE DATE OF ITS ALLOCATION SET FORTH IN YOUR CLAIM; HOWEVER, THE COPY OF THE PERSONNEL ACTION DOCUMENTING YOUR PROMOTION EFFECTIVE JUNE 18, 1972, CITES YOUR POSITION AS PRODUCTION CONTROL CLERK (TYPING) GS-301-4.

IT HAS LONG BEEN THE RULE OF THIS OFFICE AND OF THE COURTS THAT AN EMPLOYEE OF THE GOVERNMENT IS ENTITLED ONLY TO THE COMPENSATION OF THE POSITION TO WHICH HE HAS BEEN DULY APPOINTED. A DETAIL OR INFORMAL ASSIGNMENT TO ANOTHER POSITION EITHER ON FULL-TIME OR PART-TIME BASIS PROVIDES NO AUTHORITY FOR PAY OTHER THAN THAT OF THE POSITION TO WHICH APPOINTED.

WITH RESPECT TO POSITION CLASSIFICATION WE POINT OUT THAT THE AUTHORITY FOR THE ESTABLISHMENT OF POSITIONS, THE GRADING THEREOF, AND THE APPOINTMENT OF INDIVIDUALS THERETO, RESTS WITH THE ADMINISTRATIVE AGENCY AND THE CIVIL SERVICE COMMISSION. WHEN A POSITION IS CLASSIFIED IN ACCORDANCE WITH REGULATIONS, AN EMPLOYEE MAY NOT BE PROMOTED RETROACTIVELY, EVEN THOUGH THE AGENCY MAY SUBSEQUENTLY RECONSIDER ITS CLASSIFICATION DETERMINATION AND RECLASSIFY THE POSITION UPWARD. 170500, OCTOBER 29, 1970. CONCERNING YOUR CONTENTION THAT ADMINISTRATIVE ERROR OCCURRED IN YOUR APPOINTMENT BECAUSE THE TDA - TABLE OF DISTRIBUTION AND ALLOWANCES - FOR YOUR WORK AREA LISTED A GS-5 POSITION, THE AGENCY STATES THAT THE TDA IS NOT AN AUTHORIZATION DOCUMENT FOR ESTABLISHING POSITIONS. RATHER, SUCH LIST IS SAID TO BE A REPRESENTATION OF THE OPTIMUM GRADE STRUCTURE DESIRED FOR THE FUNCTION. THIS IS CONSISTENT WITH THE ALLOCATION OF YOUR WORK TO GS-4 AFTER THE DESK AUDIT REFERRED TO ABOVE. ACCORDINGLY, WE FIND NO ADMINISTRATIVE ERROR WHICH WOULD JUSTIFY AN AWARD OF BACK PAY.

IN VIEW OF THE ABOVE WE MUST SUSTAIN THE DISALLOWANCE OF YOUR CLAIM FOR BACK PAY.