Backpay for Overlong Detail

Two individuals claimed retroactive temporary promotions and backpay in connection with alleged overlong details to higher grade positions as employees of the Social Security Administration. The backpay claims were filed by the employees' union and were based on two collective bargaining agreements. Both claimants applied for and were selected to perform within an experimental unit. The duties were the same as those duties of established and classified positions in other organizational components of the agency. There were no established classified positions covering those duties within the unit, and those individuals detailed to the unit retained their permanently assigned official positions. The agency maintained that, since there were no positions classified at the higher level in the unit, there was no entitlement to backpay because one cannot be promoted to a position which has not been classified. The agency has also asked for guidance as to what weight will be given to the parties' application and interpretation of the collective bargaining agreement. GAO held that the claims are disallowed because, to qualify for backpay, the detail must be to an established classified higher grade position. The fact that similar positions were classified at a higher grade in other components of the agency does not provide a basis for a retroactive temporary promotion with backpay. The agency's inquiry as to whether the provisions of a negotiated agreement may be retroactively applied presents a question requiring the interpretation of a collective bargaining agreement which is more appropriately resolved under applicable legislation. Accordingly, the claims were denied.