Request for Retroactive Promotions and Backpay

Twelve employees of the Social Security Administration appealed a Claims Division settlement which denied their similar claims for retroactive promotions and backpay. Their promotions had been delayed pending completion of a review of GS classification for the positions. The Civil Service Commission (CSC) tentatively found that the positions were overgraded and suggested lower grades. As a consequence, the agency tried to hault the promotions pending a final CSC decision. The suspension of the promotions was formally reaffirmed by CSC and the Department of Health, Education, and Welfare (HEW), but CSC did not certify the classification because it had not audited all of the positions and wished to give HEW an opportunity to attempt to resolve the problem through job restructuring or other means to lessen the impact on employees. The appellants were notified of the CSC decision and filed claims with GAO seeking retroactive promotions and backpay alleging that denial of the career-ladder promotions violated the provisions of the collective bargaining agreement. The agency argued that there had been no violation of a collective bargaining agreement. Promotions may not be made retroactively effective unless clerical or administrative errors occurred. In the present case, there was no evidence of a nondiscretionary policy with regard to making career-ladder promotions under specified conditions. Not every violation of a collective bargaining agreement will support a retroactive promotion and backpay, only violations of nondiscretionary policies. In the absence of a nondiscretionary policy to promote, these employees could not receive retroactive promotions and backpay. Final authority to classify GS positions is vested by law in the CSC. In view of the CSC finding that the positions were not being performed at the higher-grade level, HEW properly suspended promotions to the higher-grade level until the conditions prescribed by CSC had been met. GAO sustained the Claims Division's denial of these claims for retroactive promotions and backpay.