Claim for Higher Grade Pay

A journeyman position with the Department of the Navy was downgraded. Employees were advised that deferrals would be issued to those holding the position in question, and most of them retained their grade level and pay. One employee in a supervisory position requested demotion to what he believed would be the same grade level and pay as the other employees. However, the demotion placed him in the downgraded postion with less pay. The employee filed a claim for the difference in pay. The Claims Group disallowed the claim stating that an employee who asked to be demoted from a supervisory to a journeyman position is not entitled to the pay of the level from which the journeyman position had recently been downgraded. It was unfortunate that the employee's supervisor advised him that he would be able to retain the higher grade level and pay. However, erroneous advice does not bind the Government to fulfill such promises. The form signed by the employee did clearly note the employee's request for downgrading to the lower grade. Accordingly, GAO held that the employee was not eligible for retained pay, and the settlement of the Claims Group was upheld.