Arbitration Award of Retroactive Promotion and Backpay

B-190408: Dec 21, 1977

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The Department of Health, Education, and Welfare requested a decision concerning implementation of an arbitration award of retroactive promotion and backpay granted as a remedy for the agency's failure to process an employee's promotion simultaneously with those of other similarly situated employees. The agency need not comply with the arbitration award because: the original promotion request was lost in mailing prior to approval by an authorized official and the employee had no vested right to promotion effective the same date as other employees; and the arbitrator could not properly find that the delay constituted violation of the principle of equal pay for equal work.