B-187032, NOV 30, 1977

B-187032, NOV 30, 1977

DEPARTMENT OF THE NAVY HAS SUBMITTED NEW EVIDENCE ESTABLISHING THAT EMPLOYEE DETAILED TO HIGHER GRADE POSITION DID NOT SATISFY CIVIL SERVICE COMMISSION QUALIFICATION STANDARDS FOR HIGHER GRADE POSITION. HENCE, WE HEREBY OVERRULE OUR DECISION B-187032, MAY 6, 1977, THAT HAD ALLOWED EMPLOYEE'S CLAIM. SINCE EMPLOYEE WAS NOT QUALIFIED FOR POSITION, SHE MAY NOT BE AWARDED TEMPORARY PROMOTION AND BACK PAY.

LEOLA Y. HARRIS - DETAIL TO HIGHER GRADE POSITION - RECONSIDERATION:

THIS DECISION INVOLVES A RECONSIDERATION OF MATTER OF LEOLA Y. HARRIS, B-187032, MAY 6, 1977, THAT ALLOWED MS. HARRIS' CLAIM FOR A RETROACTIVE TEMPORARY PROMOTION TO GRADE GS-13 FOR THE PERIOD FROM APPROXIMATELY SEPTEMBER 16, 1973, TO AUGUST 18, 1974, TOGETHER WITH BACK PAY, AS A RESULT OF AN EXTENDED DETAIL TO A HIGHER GRADE POSITION. THE CIVILIAN PERSONNEL DIRECTOR, CONSOLIDATED CIVILIAN PERSONNEL OFFICE, DEPARTMENT OF THE NAVY, NEW ORLEANS, LOUISIANA, HAS PROVIDED THIS OFFICE WITH ADDITIONAL EVIDENCE WHICH CASTS DOUBT ON THE CORRECTNESS ON THE ABOVE-CITED DECISION.

THE SUBSTANCE OF THE NEW EVIDENCE PRESENTED IS AS FOLLOWS. MS. HARRIS WAS TRANSFERRED TO THE OFFICE OF CHIEF OF NAVAL RESERVE ON SEPTEMBER 16, 1973, AS A RESULT OF A REORGANIZATION. SHE WAS OFFERED AND PLACED IN A GS -510-12 POSITION BASED ON INFORMATION FROM THE RELEASING ACTIVITY THAT SHE WAS QUALIFIED FOR THE POSITION, WHEN IN FACT SHE DID NOT SATISFY THE POSITION QUALIFICATION STANDARDS SET FORTH IN CIVIL SERVICE COMMISSION QUALIFICATIONS STANDARDS HANDBOOK X-118. ON OR ABOUT SEPTEMBER 14, 1973, A POSITION VACANCY ANNOUNCEMENT WAS MADE FOR THE POSITION OF SUPERVISORY SYSTEMS ACCOUNTANT, GS-510-13. THE PERSONNEL OFFICE WAS UNABLE TO QUALIFY MR. HARRIS AND A STANDARD FORM 59 WAS SUBMITTED ON OCTOBER 24, 1973, TO THE CIVIL SERVICE COMMISSION'S (CSC) NEW ORLEANS AREA OFFICE REQUESTING A QUALIFICATIONS DETERMINATION. ON NOVEMBER 2, 1973, THE CSC DETERMINED THAT MS. HARRIS DID NOT MEET THE QUALIFICATION REQUIREMENTS FOR THE GS-510 -13 POSITION. SUBSEQUENTLY ON DECEMBER 18, 1973, A MEETING WAS HELD BETWEEN REPRESENTATIVES OF THE CSC AND THE ACTIVITY WHEREIN THE CSC REPRESENTATIVES INDICATED THAT MS. HARRIS WAS NOT QUALIFIED FOR THE GS 510 -12 POSITION THAT SHE WAS OCCUPYING AT THE TIME. AS A RESULT, THE CSC FORWARDED A LETTER DATED JANUARY 18, 1974, TO THE CHIEF OF NAVAL RESERVE REQUIRING THAT THE PERSONNEL ACTION THAT ASSIGNED MS. HARRIS INTO THE GS- 510-12 POSITION BE REGULARIZED. CONSEQUENTLY, MS. HARRIS WAS REASSIGNED TO A BUDGET AND ACCOUNTING ANALYST POSITION, GS-504-12 ON MARCH 17, 1974.

FURTHER DISCUSSIONS WITH THE CSC ENSUED AND THE CSC BY LETTER DATED JULY 26, 1974, TO THE NAVAL SUPPORT ACTIVITY, MODIFIED THE COMPETITIVE REQUIREMENTS IN MS. HARRIS' CASE AND AUTHOIRZED THE NAVY TO PLACE HER IN THE GS-510-12 SYSTEMS ACCOUNTANT POSITION WITH THE UNDERSTANDING THAT MS. HARRIS WAS TO MEET THE REQUIREMENTS OF CSC HANDBOOK X-118 FOR PROMOTION TO A GS-510-13 POSITION.

IN OUR TURNER-CALDWELL DECISIONS, 55 COMP.GEN. 539 (1975) AND 56 COMP. GEN. 427 (1977), WE HELD THAT AN EMPLOYEE HAD TO SATISFY THE REQUIREMENTS FOR A RETROACTIVE TEMPORARY PROMOTION BEFORE THE REMEDIAL ACTION AUTHORIZED BY THOSE DECISIONS COULD BE GRANTED. AS EXAMPLES OF THOSE REQUIREMENTS WE MENTIONED THE TIME-IN-GRADE REQUIREMENTS OF THE "WHITTEN AMENDMENT," 5 U.S.C. SEC. 3101 NOTE, AND THE PROVISIONS OF 5 U.S.C. SEC. 3324 GOVERNING APPOINTMENTS TO SUPERGRADE POSITIONS.

THE CSC PROMULGATED IMPLEMENTING INSTRUCTIONS FOR OUR TURNER-CALDWELL DECISIONS IN CSC BULLETIN 300-40, DATED MAY 25, 1977. IN PARAGRAPH 8C OF THE BULLETIN, THE CSC EMPHASIZED THAT AN EMPLOYEE HAS TO SATISFY BOTH STATUTORY REQUIREMENTS AND THE CSC'S REGULATORY REQUIREMENTS IN ORDER TO BE PROMOTED, AND IT LISTED EXAMPLES OF REQUIREMENTS THAT ARE APPLICABLE, INCLUDING THE MINIMUM CSC QUALIFICATION STANDARDS FOR COMPETITIVE POSITIONS AS SET FORTH IN CSC HANDBOOK X-118 AND X-118C.

THE DOCUMENTARY EVIDENCE SUBMITTED BY THE DEPARTMENT OF THE NAVY INCLUDES A STANDARD FORM 59 ON WHICH THE CSC STATED ITS OFFICIAL DETERMINATION, MADE ON NOVEMBER 2, 1973, THAT MS. HARRIS DID " *** NOT MEET QUALIFICATION REQUIREMENTS FOR GS-510-13 POSITION AS OUTLINED IN CIVIL SERVICE HANDBOOK X-118 'QUALIFICATION STANDARDS FOR CLASSIFICATION ACT POSITIONS.'" VIEW OF THIS CONCLUSIVE DETERMINATION, WE MUST DISALLOW MS. HARRIS' CLAIM FOR A RETROACTIVE TEMPORARY PROMOTION AND BACK PAY INCIDENT TO AN OVERLONG DETAIL.

ACCORDINGLY, OUR DECISION IN B-187032, MAY 6, 1977, THAT ALLOWED MS. HARRIS' CLAIM IS HEREBY OVERRULED.