Claim for Backpay Alleging Delay in Reclassification of Position

A civilian Army employee appealed a Claims Group decision which denied his claim for backpay. The employee was employed as a supervisory civil engineer. Based upon a new classification guide and sample job descriptions from the Civil Service Commission, the employee's local activity prepared a proposed job description of the employee's position; performed a desk audit; and advised the installation command that, as a result of the application of the new classification guide, the employee's position would be equal to a higher GS grade classification. There was a ceiling within the agency on positions at the higher grade level and some question concerning the validity of the data used to support the upgrading of the employee. However, a revised job description reflecting agreed-upon changes in the data was finally signed, the local activity received authorization for the establishment of the higher grade position, and the employee was promoted. The employee claimed backpay from the date the command was first advised that his position equated the higher grade level to the date on which he was actually promoted. There is no entitlement to backpay for a period prior to the reclassification of a position. Alleged delays by management in processing job descriptions do not provide a basis for backpay. Since an employee cannot be promoted to a position which has not been established and classified, he may not receive a retroactive temporary promotion and backpay based upon a detail to an unclassified position. An employee is entitled only to the salary of the position to which he is actually appointed, regardless of the duties performed. The employee was not entitled to the higher grade salary until the date he was actually appointed. Accordingly, the Claims Group denial of the claim for retroactive promotion and backpay was denied.