Backpay and Detail to Higher Grade

An employee of the Department of Energy (DOE) requested a retroactive temporary promotion with backpay for a period from July 16, 1978 to October 7, 1979. Her claim was based on GAO decisions which hold that when an employee is detailed to a classified position in a higher-grade position for a period in excess of 120 days without Civil Service Commission (CSC) or Office of Personnel Management approval, the employee is entitled to a retroactive temporary promotion and backpay for such period; provided he or she meets the qualifications or other requirements for such a promotion. The employee had been employed by the Federal Power Commission as a Public Information Officer. She and her supervisor were transferred to DOE during a departmental reorganization. Her supervisor vacated his position on July 16, 1978, and the employee contended that she performed the duties of his position, Director of the Office of Public Information, until October 7, 1979. This has been certified by the Executive Director. DOE felt that she was detailed to a higher classified position only from June 20, 1979. It based this on its theory that all employees transferred to DOE at its inception on October 1, 1977 were in effect detailed to unclassified duties until their positions were reclassified as DOE positions. DOE contended that this detail was covered by a special agreement with the CSC which authorized the detail of some employees for up to 1 year. GAO determined that this detail was not covered by the special agreement between CSC and DOE. Federal Power Commission employees did not lose their status as classified positions during the transfer, and the positions existed as classified positions until reclassified by DOE. The employee's original detail was not terminated and a new one begun by the reclassification. The employee was entitled to a temporary retroactive promotion with backpay beginning with the 121st day of the detail which began on July 16, 1978. After February 15, 1979, DOE had the authority to detail the employee to the higher-grade position without prior OPM approval and at no additional compensation.