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B-189101 1 (1977-11-30)

handle is hein.gao/gaobadfiy0001 and id is 1 raw text is: I DECIBION THE COMPTROLLER UENERAL OP THE UNITED ErATa S aWAUHINovO N. D. C. 20548 rE FILE: MATTER OF: 8-189101 DATE:. oEmVber 30, 1W7 Air Traffic Controllers - Suspension of classification activity CY% -41 -0* j LIT 'I I) * I ,_- ,1 1 - - A. 0'~ -b DICiEST: Department of Transportation and C4vil Service Commission entered into moratorium agreb enth supiending classification activities affecting positions inaeries GS-j2152, ait triffic controller1 pending issuance of new cliiasification standards. Tem'porary suspensions of classificatiun alldcationa do act constitute basis for retzfoactivep.romotan in view of CSC's broad authority over classification matters. Moratorium agreement does not provtde basie'for retroactive promotions since there is no authority for retroactive promotions to correct classification errors.Supreme Court has so held. This decision involves the legality of the zoratorium agreement cnLtfhe position classification of air traffic. controllers entered into by the Department of Trani'poitaion (DOT) and the Civil.Service CommissIc4(CSC),. The iedest was submitted by William B. Peer, General Counsel of ehe Professional Air Traffic Controllers Org'anization (PATCQ), which is the Culy certified exclusive bargaining representa- tive for the concerned eMpluyees. In a letter dated May Y-, 1977, Mr. Peer states: On March 8 and 9, 1976, 'the two agdides '(DOT and CSCI. eitered into a so-called 'moratoriurm agreements on claissificati'n of air,;traffic,'controller pouitidns. See attachment 1. The net effect of this agreement was to prevent controllers at many facilities fzom being upgraded. at times when they would have otherwise been. This has a drastic impact on their salaries, bidding and promotion rights. Mr. Peer asks for our legal opinion;on the propriety of the ac;ions t-%k'i!n by DOT and CSC. 'I L i ~ij I I

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