Detail to Higher-Graded Position

A GS-13 employee appealed a decision in which he was authorized backpay for detail to a GS-14 position until February 17, 1979, when he was formally reassigned to his original position. The employee claimed that he actually performed the higher-grade duties until May 6, 1979, and that he was entitled to a temporary promotion and backpay at the GS-15 level beginning 1 year after his temporary promotion to a GS-14. Since the record showed that the employee continued to perform the duties of the GS-14 grade despite the formal reassignment to the GS-13 level, he was entitled to additional backpay for the period in question. While on detail to the GS-14 position there was an opening for a GS-14/15 position and the agency had the discretion of filling the position at either the GS-14 or GS-15 level. This constituted a classification downward, and it was held that the employee would not be entitled to the pay for the GS-15 level until the position had been reclassified and reestablished at its earlier GS-15 grade. Furthermore, since the position was reclassified prior to the employee's eligibility date for promotion to the GS-15 position, he would only be entitled to fill the position at the GS-14 grade. Accordingly, the employee was entitled to additional backpay at the GS-14 level until May 6, 1979, but he was not entitled to a temporary promotion and backpay of the GS-15 level.