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GAO considered a U.S. Customs Service pilot's claim for a retroactive promotion and backpay for a 90-day period during which he was required to perform duties both at his grade level and at the next higher grade level. At issue was whether the claimant was entitled to the retroactive promotion with backpay based on a Customs Service collective bargaining agreement which requires that employees detailed to a higher grade position for a period exceeding 30 calendar days be temporarily promoted. Although the agency conceded that the claimant performed duties at the higher grade level, it maintained that he served only 50 hours in such a capacity and, therefore, was not eligible for the retroactive promotion. GAO found that the claimant was not entitled to a temporary promotion and backpay because: (1) he did not serve the full range of duties of the higher grade level during the entire 90-day period and was assigned to and usually performed only those duties included within his grade position description; and (2) he performed the higher grade duties for less than 30 days. Accordingly, the claim for retroactive promotion with backpay was denied.


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