B-120645, APR. 19, 1957
Highlights
YOU WERE REASSIGNED FROM THE POSITION OF INTERNATIONAL ECONOMIST (GENERAL). IN FEBRUARY 1956 YOUR POSITION WAS AUDITED IN A CLASSIFICATION SURVEY WITH A VIEW TO THE POSSIBLE RECLASSIFICATION TO GRADE GS-7. ON THE BASIS OF CERTAIN ADDED RESPONSIBILITIES THE POSITION WAS RECLASSIFIED ON AUGUST 10. TO THE HIGHER GRADE AND YOU WERE PROMOTED TO FILL THAT POSITION ON AUGUST 12. IT APPEARS TO BE YOUR BELIEF THAT YOU ARE ENTITLED TO THE HIGHER SALARY RATE FOR THE PERIOD BETWEEN OCTOBER 23. IT IS WELL ESTABLISHED THAT CLASSIFICATION ACTIONS ADMINISTRATIVELY ACCOMPLISHED UNDER AUTHORITY OF THE CLASSIFICATION ACT OF 1949 CANNOT BE MADE RETROACTIVELY EFFECTIVE. THERE IS NO REQUIREMENT OF LAW THAT THE RESPONSIBILITIES OF YOUR FORMER POSITION BE INCREASED ADMINISTRATIVELY AND ACCORDINGLY.
B-120645, APR. 19, 1957
TO MR. A RUSSELL ROMER:
YOUR LETTER OF MARCH 6, 1957, REQUESTS REVIEW OF OFFICE SETTLEMENT OF OF JANUARY 24, 1957, DISALLOWING YOUR CLAIM FOR ADDITIONAL COMPENSATION BELIEVED TO BE DUE BECAUSE OF THE ALLEGED FAILURE OF THE DEPARTMENT OF COMMERCE TO EFFECT A TIMELY RECLASSIFICATION OF YOUR POSITION.
THE RECORD SHOWS THAT ON OCTOBER 23, 1955, YOU WERE REASSIGNED FROM THE POSITION OF INTERNATIONAL ECONOMIST (GENERAL), GRADE GS-5, IN THE AFRICAN SECTION TO THAT OF INTERNATIONAL ECONOMIST (GENERAL) GRADE GS 5, IN THE GREECE, TURKEY, IRAN SECTION. IN FEBRUARY 1956 YOUR POSITION WAS AUDITED IN A CLASSIFICATION SURVEY WITH A VIEW TO THE POSSIBLE RECLASSIFICATION TO GRADE GS-7. ON THE BASIS OF CERTAIN ADDED RESPONSIBILITIES THE POSITION WAS RECLASSIFIED ON AUGUST 10, 1956, TO THE HIGHER GRADE AND YOU WERE PROMOTED TO FILL THAT POSITION ON AUGUST 12, 1956. IT APPEARS TO BE YOUR BELIEF THAT YOU ARE ENTITLED TO THE HIGHER SALARY RATE FOR THE PERIOD BETWEEN OCTOBER 23, 1955, AND AUGUST 12, 1956.
IT IS WELL ESTABLISHED THAT CLASSIFICATION ACTIONS ADMINISTRATIVELY ACCOMPLISHED UNDER AUTHORITY OF THE CLASSIFICATION ACT OF 1949 CANNOT BE MADE RETROACTIVELY EFFECTIVE. THERE IS NO REQUIREMENT OF LAW THAT THE RESPONSIBILITIES OF YOUR FORMER POSITION BE INCREASED ADMINISTRATIVELY AND ACCORDINGLY, YOU WERE ENTITLED ONLY TO THE SALARY OF THE GRADE GS-5 POSITION UNTIL THE NEW POSITION WAS CREATED AND YOU WERE PROMOTED TO BE ITS ENCUMBENT.
YOUR CLAIM WAS PROPERLY DISALLOWED AND UPON REVIEW THE SETTLEMENT IS SUSTAINED.