B-194146, MARCH 30, 1979
Highlights
WG-05) WAS AUDITED BUT NOT RECLASSIFIED TO A HIGHER GRADE ALTHOUGH THE EMPLOYEE CONSIDERED HE WAS PERFORMING AT THE WG-07 LEVEL. THERE IS NO ENTITLEMENT TO A RETROACTIVE TEMPORARY PROMOTION. SINCE NO POSITION WAS OFFICIALLY ESTABLISHED AND CLASSIFIED AT GRADE LEVEL WG 07. LEROY WILLIAMS - RETROACTIVE TEMPORARY PROMOTION: THIS RESPONDS TO THE APPEAL OF LEROY WILLIAMS WHOSE CLAIM FOR A RETROACTIVE TEMPORARY PROMOTION BASED UPON ASSIGNMENT OF HIGHER GRADE DUTIES WAS DENIED BY OUR CLAIMS DIVISION'S SETTLEMENT CERTIFICATE NO. THE ISSUE IS WHETHER MR. WAS ASSIGNED TO THE DUTIES OF A POSITION ESTABLISHED AND CLASSIFIED AT A HIGHER GRADE THAN HIS OFFICIAL POSITION. WAS PARTS AND EQUIPMENT CLEANER.
B-194146, MARCH 30, 1979
DIGEST: AN AIR FORCE EMPLOYEE'S POSITION (MATERIALS EXPEDITER, WG-05) WAS AUDITED BUT NOT RECLASSIFIED TO A HIGHER GRADE ALTHOUGH THE EMPLOYEE CONSIDERED HE WAS PERFORMING AT THE WG-07 LEVEL. THERE IS NO ENTITLEMENT TO A RETROACTIVE TEMPORARY PROMOTION, REGARDLESS OF WHETHER OR NOT THE EMPLOYEE PERFORMED THE HIGHER LEVEL DUTIES, SINCE NO POSITION WAS OFFICIALLY ESTABLISHED AND CLASSIFIED AT GRADE LEVEL WG 07.
LEROY WILLIAMS - RETROACTIVE TEMPORARY PROMOTION:
THIS RESPONDS TO THE APPEAL OF LEROY WILLIAMS WHOSE CLAIM FOR A RETROACTIVE TEMPORARY PROMOTION BASED UPON ASSIGNMENT OF HIGHER GRADE DUTIES WAS DENIED BY OUR CLAIMS DIVISION'S SETTLEMENT CERTIFICATE NO. Z 2788045, SEPTEMBER 13, 1978.
THE ISSUE IS WHETHER MR. WILLIAMS, A FORMER EMPLOYEE OF THE AIR FORCE, WAS ASSIGNED TO THE DUTIES OF A POSITION ESTABLISHED AND CLASSIFIED AT A HIGHER GRADE THAN HIS OFFICIAL POSITION.
MR. WILLIAMS' POSITION AT ROBINS AIR FORCE BASE, GEORGIA, WAS PARTS AND EQUIPMENT CLEANER, WG-5417-05. AS A RESULT OF A POSITION AUDIT ON JUNE 12, 1975, THIS POSITION WAS CANCELLED, AND ON AUGUST 31, 1975, MR. WILLIAMS WAS REASSIGNED TO THE NEWLY ESTABLISHED POSITION OF MATERIALS EXPEDITER, WG-6705-05. ALTHOUGH IN AUGUST 1977 MR. WILLIAMS BELIEVED HE WAS PERFORMING THE DUTIES OF A MATERIALS EXPEDITER AT GRADE 07, A POSITION AUDIT AT THAT TIME CONFIRMED THAT THE POSITION WAS CORRECTLY CLASSIFIED AT GRADE LEVEL WG-05. NEVERTHELESS, HE BASES HIS CLAIM FOR A RETROACTIVE TEMPORARY PROMOTION ON HIS DUTIES THAT HE CONSIDERED TO BE MATERIALS EXPEDITER, WG-07, BETWEEN AUGUST 31, 1975, AND SEPTEMBER 14, 1977.
UNDER COMPTROLLER GENERAL DECISION JOSEPH FORTUNA, B-193522, JANUARY 30, 1979, AND CIVIL SERVICE COMMISSION BULLETIN NO. 300-40, ISSUED MAY 25, 1977, THERE MUST BE AN OFFICIALLY ESTABLISHED POSITION AT THE HIGHER GRADE LEVEL IN ORDER TO BE ENTITLED TO A RETROACTIVE TEMPORARY PROMOTION. THIS RULE HOLDS TRUE EVEN THOUGH THE EMPLOYEE MAY HAVE BEEN REQUIRED TO PERFORM HIGHER LEVEL DUTIES. IN THE PRESENT CASE, THE WG 05 POSITION OCCUPIED BY MR. WILLIAMS WAS NEVER CLASSIFIED AT A HIGHER GRADE AFTER THE POSITION AUDIT, AND THERE WAS NO POSITION ESTABLISHED AND CLASSIFIED AT GRADE LEVEL WG-07.
ACCORDINGLY, THE CLAIMS DIVISION DISALLOWANCE OF MR. WILLIAMS' CLAIM IS SUSTAINED.