Claim for Retroactive Promotion and Backpay

A civilian employee of the Naval Air Station at Pensacola, Florida, requested further consideration on his contention that he was due a retroactive promotion and backpay based on an alleged wrongful classification of his position. The employee claimed he had been performing the duties of a meatcutter, WG-8, during the time he was classified as WG-5 and should therefore be entitled to a retroactive promotion and backpay. The employee took several actions regarding this issue, including: (1) filing grievances with the Department of the Navy which resulted in classification reviews but no further action, (2) appealing his classification with the Office of Civilian Personnel of the Department of the Navy, and (3) appealing his classification with GAO. GAO advised the employee that authority to classify positions is vested by law with the employing agency and the Office of Personnel Management (OPM) and that GAO had no jurisdiction in this area. During this time, the employee was promoted to a WG-8, a fact he cites as evidence that the position was misclassified initially. The record leaves little doubt that the employing activity was remiss in managing its staff by failing to distinguish between levels of difficulty and assigning tasks to the work force indiscriminately. GAO held that: (1) it has no authority to change, retroactively or otherwise, the classification of a prevailing rate position in another agency; (2) backpay may not be allowed for periods of alleged wrongful classification; and (3) even if it were assumed that the employee's promotion resulted from the reclassification of his position on appeal, that promotion could not have been made retroactive and backpay could not have been awarded since he had not been downgraded or reduced in pay. Therefore, the employee may not be allowed backpay for the period claimed on the theory that his position was misclassified. The only other theory under which the employee could possibly be entitled to backpay is that he was detailed to the WG-8 position for a period in excess of 120 days. The claimant must prove beyond a reasonable doubt that, during the entire period claimed, he performed the full range of duties set forth in the position description. The performance of some of the duties for some of the time is not sufficient. In this case, the record indicated that the employee at times performed tasks at the WG-5 level. Accordingly, the employee's claim cannot be allowed.