Arbitrator's Award of Retroactive Promotion and Backpay

B-180010.08: May 4, 1976

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An advance decision was requested on the legality of a retroactive promotion with backpay awarded by an arbitrator. The arbitrator found that the grievant was assigned to higher duties but was not given a temporary promotion as provided for in the negotiated agreement between the agency and the union. The award may not be implemented since the new position had not yet been classified, and the grievant could not be promoted to a position which did not exist.