Retroactive Promotions With Backpay for Internal Revenue Service Employees

A decision was requested as to whether the agency may retroactively adjust promotion dates of seven employees whose promotions were erroneously delayed. The collective bargaining agreement provides for the effective date for employee promotions. If this provision was properly includable in the bargaining agreement, the date of promotions is a nondiscretionary requirement, and the employees may be retroactively promoted in accordance with the eligibility date in the collective bargaining agreement.