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B-197427, JUN 18, 1982

B-197427 Jun 18, 1982
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CLAIMS HE WAS DETAILED TO PERFORM THE DUTIES OF CHIEF. THAT EMPLOYEES HAVE NO ENTITLEMENT UNDER STATUTE OR THE FEDERAL PERSONNEL MANUAL TO TEMPORARY PROMOTIONS FOR OVERLONG DETAILS. SINCE WE HAVE RECENTLY RULED THAT WE WILL FOLLOW THE WILSON DECISION AND NO LONGER FOLLOW OUR PRIOR TURNER CALDWELL DECISIONS WITH RESPECT TO PENDING OR FUTURE CASES. THE EMPLOYEE'S CLAIM IS DENIED. SCHLOSSBERG - RETROACTIVE PROMOTION AND BACKPAY INCIDENT TO OVERLONG DETAIL: THE ISSUE IN THIS DECISION IS THE ENTITLEMENT OF AN EMPLOYEE TO A RETROACTIVE TEMPORARY PROMOTION AND BACKPAY INCIDENT TO AN OVERLONG DETAIL TO A HIGHER GRADED POSITION. WHICH HELD THAT EMPLOYEES WHO WERE DETAILED TO HIGHER GRADED POSITIONS MORE THAN 120 DAYS WITHOUT PRIOR APPROVAL BY THE UNITED STATES CIVIL SERVICE COMMISSION (NOW OFFICE OF PERSONNEL MANAGEMENT).

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B-197427, JUN 18, 1982

DIGEST: EMPLOYEE OF DEPARTMENT OF THE AIR FORCE, A PHYSICIST, GS-1310-13, CLAIMS HE WAS DETAILED TO PERFORM THE DUTIES OF CHIEF, LASER PHYSICS BRANCH, OPTICAL PHYSICS LABORATORY, GENERAL PHYSICAL SCIENTIST, GS-1301 15, FROM MARCH 22, 1979, THROUGH APRIL 14, 1973. HE SEEKS RETROACTIVE TEMPORARY PROMOTION AND BACKPAY UNDER OUR TURNER-CALDWELL DECISIONS. HOWEVER, THE COURT OF CLAIMS RULED IN WILSON V. UNITED STATES CT.CL. NO. 324-81C, ORDER, OCTOBER 23, 1981, THAT EMPLOYEES HAVE NO ENTITLEMENT UNDER STATUTE OR THE FEDERAL PERSONNEL MANUAL TO TEMPORARY PROMOTIONS FOR OVERLONG DETAILS. SINCE WE HAVE RECENTLY RULED THAT WE WILL FOLLOW THE WILSON DECISION AND NO LONGER FOLLOW OUR PRIOR TURNER CALDWELL DECISIONS WITH RESPECT TO PENDING OR FUTURE CASES, THE EMPLOYEE'S CLAIM IS DENIED. SEE TURNER-CALDWELL III, B-203564, MAY 25, 1982.

DR. HOWARD R. SCHLOSSBERG - RETROACTIVE PROMOTION AND BACKPAY INCIDENT TO OVERLONG DETAIL:

THE ISSUE IN THIS DECISION IS THE ENTITLEMENT OF AN EMPLOYEE TO A RETROACTIVE TEMPORARY PROMOTION AND BACKPAY INCIDENT TO AN OVERLONG DETAIL TO A HIGHER GRADED POSITION, BASED ON OUR TURNER-CALDWELL DECISIONS.

DR. HOWARD R. SCHLOSSBERG, AN EMPLOYEE OF THE DEPARTMENT OF THE AIR FORCE, HAS APPEALED OUR CLAIMS GROUP SETTLEMENT (Z-2817633, OCTOBER 17, 1979) DENYING BACKPAY INCIDENT TO AN OVERLONG DETAIL. OUR CLAIMS GROUP DENIED DR. SCHLOSSBERG'S CLAIM ON THE BASIS OF THE STATEMENT BY THE AGENCY THAT DR. SCHLOSSBERG DID NOT PERFORM THE FULL RANGE OF DUTIES OF AN ESTABLISHED CLASSIFIED POSITION.

DR. SCHLOSSBERG'S CLAIM RESTS UPON OUR TURNER-CALDWELL DECISIONS, 55 COMP.GEN. 539 (1975), SUSTAINED IN 56 COMP.GEN. 427 (1977), WHICH HELD THAT EMPLOYEES WHO WERE DETAILED TO HIGHER GRADED POSITIONS MORE THAN 120 DAYS WITHOUT PRIOR APPROVAL BY THE UNITED STATES CIVIL SERVICE COMMISSION (NOW OFFICE OF PERSONNEL MANAGEMENT), ARE ENTITLED TO TEMPORARY PROMOTIONS AND BACKPAY BEGINNING ON THE 121ST DAY OF THE DETAIL. RECENTLY, THE UNITED STATES COURT OF CLAIMS DECIDED IN 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 BACK PAY IN CASES INVOLVING OVERLONG DETAILS.

IN TURNER-CALDWELL III, B-203564, MAY 25, 1982, ON THE BASIS OF THE WILSON DECISION, WE HELD WITH RESPECT TO ALL CLAIMS SUBMITTED HERE FOR DECISION, BOTH PENDING AND FUTURE, THAT WE WOULD NO LONGER FOLLOW OUR PRIOR TURNER-CALDWELL DECISIONS. ACCORDINGLY, DR. SCHLOSSBERG'S CLAIM IS DENIED.

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