B-208054 L/M, JUL 19, 1982, OFFICE OF GENERAL COUNSEL
Highlights
UNITED STATES SENATOR: THIS LETTER IS IN RESPONSE TO YOUR LETTER OF JUNE 22. MEYERS CLAIMS HE WAS DETAILED TO A HIGHER GRADED POSITION FOR MORE THAN 120 DAYS WITHOUT THE PRIOR APPROVAL OF THE CIVIL SERVICE COMMISSION. WHICH HELD THAT EMPLOYEES WHO ARE DETAILED TO HIGHER GRADED POSITIONS MORE THAN 120 DAYS WITHOUT PRIOR CIVIL SERVICE COMMISSION APPROVAL ARE ENTITLED TO TEMPORARY PROMOTIONS BEGINNING ON THE 121ST DAY. MEYER'S CLAIM WAS DENIED BY OUR CLAIMS GROUP ON THE BASIS OF INSUFFICIENT EVIDENCE TO PROVE HE WAS DETAILED TO A HIGHER GRADED POSITION. MEYERS MAY APPEAL OUR CLAIMS GROUP DETERMINATION BY STATING THE ERRORS IN FACT OR LAW WHICH HE BELIEVES HAVE BEEN MADE IN THE SETTLEMENT OF HIS CLAIM.
B-208054 L/M, JUL 19, 1982, OFFICE OF GENERAL COUNSEL
PRECIS-UNAVAILABLE
HENRY M. JACKSON, UNITED STATES SENATOR:
THIS LETTER IS IN RESPONSE TO YOUR LETTER OF JUNE 22, 1982, ON BEHALF OF MR. WALLACE K. MEYERS CONCERNING HIS CLAIM FOR A RETROACTIVE TEMPORARY PROMOTION AND BACKPAY INCIDENT TO AN OVERLONG DETAIL BASED ON OUR TURNER- CALDWELL DECISIONS.
MR. MEYERS CLAIMS HE WAS DETAILED TO A HIGHER GRADED POSITION FOR MORE THAN 120 DAYS WITHOUT THE PRIOR APPROVAL OF THE CIVIL SERVICE COMMISSION. HIS CLAIM RESTS UPON OUR TURNER-CALDWELL DECISIONS, 55 COMP.GEN. 539 (1975), SUSTAINED IN 56 COMP.GEN. 427 (1977), WHICH HELD THAT EMPLOYEES WHO ARE DETAILED TO HIGHER GRADED POSITIONS MORE THAN 120 DAYS WITHOUT PRIOR CIVIL SERVICE COMMISSION APPROVAL ARE ENTITLED TO TEMPORARY PROMOTIONS BEGINNING ON THE 121ST DAY.
MR. MEYER'S CLAIM WAS DENIED BY OUR CLAIMS GROUP ON THE BASIS OF INSUFFICIENT EVIDENCE TO PROVE HE WAS DETAILED TO A HIGHER GRADED POSITION. UNDER THE PROVISIONS OF 4 C.F.R. PART 32 (1982) MR. MEYERS MAY APPEAL OUR CLAIMS GROUP DETERMINATION BY STATING THE ERRORS IN FACT OR LAW WHICH HE BELIEVES HAVE BEEN MADE IN THE SETTLEMENT OF HIS CLAIM. HOWEVER, WE WISH TO POINT OUT THAT OUR OFFICE NO LONGER FOLLOWS OUR PRIOR TURNER- CALDWELL DECISIONS.
RECENTLY, THE COURT OF CLAIMS DECIDED IN A. LEON WILSON V. UNITED STATES, CT.CL. NO. 324-81C, ORDER, OCTOBER 23, 1981, THAT NEITHER THE APPLICABLE STATUTE (5 U.S.C. SEC. 3341) NOR THE FEDERAL PERSONNEL MANUAL AUTHORIZES A RETROACTIVE TEMPORARY PROMOTION AND BACKPAY IN CASES INVOLVING OVERLONG DETAILS. IN TURNER-CALDWELL III, B-203564, MAY 25, 1982, 61 COMP.GEN. , WE DECIDED TO FOLLOW WILSON WITH RESPECT TO ALL PENDING AND FUTURE CLAIMS AND TO NO LONGER FOLLOW OUR PRIOR TURNER-CALDWELL DECISIONS. THUS, ANY APPEAL BY MR. MEYERS WOULD BE DENIED BY OUR OFFICE.
WE TRUST THAT THIS INFORMATION IS RESPONSIVE TO YOUR INQUIRY.