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B-195937 1 (1980-06-16)

handle is hein.gao/gaobabjub0001 and id is 1 raw text is: f'Z,$i UNITED STATES GENERAL ACCOUNTING OFFICE A- I -& WASHINGTON, D.C. 20548 OFPICE OF GENERAL COUNSEL Jt~il 1 6 9 In reply refer to: B-195937 The Honorable John Conyers House of Representatives Dear Mr. Conyers: We refer to your letter of February 26, 1980, on behalf of your constituent, Ms. Eloise Daniel. We have reviewed Ms. D ail's claim and determined that she is entitled to a ~etroactive temporary promotion and backpay to grade GS-6 5eginning on the 121st day after July 20, * 1972. We have today advised our Claims Group to modify the Settlement Certificate issued on April 6, 1979, to reflect this change. 13In 1973 Ms. Daniel initiated a grievance. On May 16, 1973, as a part of the resolution of the grievance, ms..Dani was permitted to update her personnel file to reflect the fact she had been performing duties other than the duties of her official position. The memorandum, which she wrote and signed and which was signed by her past and present supervisors, indicates that she had been perforiming the duties of a Computer Technician, GS-335-7, position numoer 15109. The same memorandum acknowledges that this position was not officially classified until July 20, 1972. Although it appears that Ms. Daniel began performing these duties well before July 20, 1972, there is no legal authority to pay Ms. Daniel before the position was classified. However, under our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975 57 Comp. Gen. 427 (1977), she is entitled to a retroactive temporary promotion beginning the 121st day after July 20, 1972. Because vs. Daniel's detail involved the performance of duties two grades higher than the GS-5 position to which

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