Claim for Retroactive Temporary Promotion and Backpay

B-196633(RJH): Published: Jul 9, 1980. Publicly Released: Jul 9, 1980.

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GAO responded to a letter concerning a claim for retroactive temporary promotion and backpay. In the letter, certain documents which allegedly indicate that the position the claimant held was classified as a GS-9 grade level immediately prior to being hired. However, the documents furnished by the claimant support the information provided by the employing agency. The claimant furnished copies of Position 2676 and 2552. Both position descriptions correspond in all respects to the information previously provided by the employing agency. The claimants' Notification of Personnel Action is effective August 25, 1974, and showed that he was employed at a GS-7 level. Thus, the position was classified at grade GS-7 prior to his being hired. The copy of the Position 2676 furnished, did not show the complete date on which it was approved. Therefore, as stated in the prior decision, the position was not established at the higher grade until 1.5 months after the claimants' detail had ended. GAO settles claims on the basis of the written record and does not hold adversary hearings. In addition to showing that there was an established higher grade classified position, it is also necessary for the claimant to prove that he was detailed to such a position and performed the higher grade duties. The agency denied this and GAO can find nothing in the record to dispute its findings. As regards the alleged premise that the job would be reclassified after 90 days, the claimant could have appealed his job classification to the agency and to the Civil Service Commission. Decisions of GAO are binding on Executive agencies of the Government. However, this does not preclude the claimant from seeking redress through the courts.

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