Position Classification Appeal

An employee appealed a decision which disallowed his claim for a retroactive temporary promotion and backpay. On appeal, the employee reasserted his entitlement under the Back Pay Act, focusing on specific personnel actions which he stated were subsequently found to be unwarranted, unjustified, and illegal, and which were intentionally directed at preventing the proper establishment of his position and grade. During the period claimed, position audits were conducted, and the job description for the technical position which the employee filled was determined to be inappropriate. The positional duties were classified, but the position was never established and classified at a higher grade than the employee's official position. Legislation provides that authority to establish appropriate classification standards and to allocate positions rests with the agency concerned and the Office of Personnel Management. Thus, GAO has no authority to award backpay to an employee for a period of erroneous classification of his position. It was concluded that the employee's contentions and allegations regarding the period of his alleged improper classification were in the nature of a classification appeal and not for consideration by GAO. The record did not support a finding that the employee was detailed to an established classified higher-graded position. Accordingly, the prior decision was sustained.