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B-195034 1 (1979-11-27)

handle is hein.gao/gaobadhtg0001 and id is 1 raw text is: cECISION FILE: B-195034 .0 THE CIMPTROLLER GENERAL * OF THE UNITEO STATES VWASHINGTON, 0.C. 2054a D :eN I2 T1 DATE: November 27, 1979 MATTER OF: Gloria J. White - plaim for Retroactive Temporary Promotion and Backpayj DIGEST: 1. Employee claims retroactive temporary promotion and backpay for performing duties of a new higher graded position. Claim may not be allowed since the position was not classified until March 7, 1978. Period from then to June 18, 1978, when detail ended, was less than required 120-day period needed for retroactive temporary promotion under Turner-Caldwell, 55 Comp. Gen. 539 (1975). 2. Matters relating to allegations of improper position classification including delays in processing request for position reclassification are for em- ploying agency and Office of Personnel Management, not GAO since GAO has no authority to settle claims on any basis other than agency or OPM classification. See cases and regulations cited. Ms. Gloria White, a civilian employee of the Dgeartm t of the ,40,7 Army, requests reconsideration of her claim for retroactive temporary promotion and Eackpay. The claim was denied by our Claims Division in Settlement Certificate No. Z-2807582, dated December 19, 1978. Ms. White, who during the period in question occupied the position of a GS-3, clerk-typist, alleges that she was detailed to an unevaluated statement of duties on August 1, 1977, and con- tinued to perform such duties through June 18, 1978. During this period the position represented by the statement of duties was evaluated and, effective March 7, 1978, the position was established pursuant to formal classification at the GS-4 level. Under these circumstances Ms. White contends she is entitled to a temporary promotion and backpay in accordance with the legal reasoning set forth in Comptroller General decisions rendered in Matter of Turner- Caldwell, 55 Comp. Gen. 539 (1975), and Matter of Reconsideration of Turner-Caldwell, 56 Comp. Gen. 427 (1977). In the Turner-Caldwell case, we held that employees detailed to higher grade positions for more than 120 days, without Civil Service

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