About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-195296 1 (1980-01-09)

handle is hein.gao/gaobadhwd0001 and id is 1 raw text is: _- I *_ LLER C v THE COMPTROLLER GENERAL DIECISION *OF THE UNITED STATES WASHINGTON, D. C. 20549 (IN ITED FILE: B-195296 DATE: January 9, 1980 MATTER OF:Evelyn M. Taylor - Claim for Retroactive Temporary Promotion and Backpay DIGEST: Employee was detailed from Clerk-Typist GS-4 to Training Coordinator GS-7 for more than 120 days. She is not entitled to retroactive temporary promotion to the GS-7 position with backpay because she did not meet the time-in-grade or other requirements for that position. Neither is she entitled to retroactive temporary promotion to Training Coordinator GS-5 with backpay since she did not satisfy the minimum civil service requirements for specialized experience for that position. Evelyn M. Taylor appeals our Claims Division settlement dated May 22, 1977, denying her backpay claim based on Turner-Caldwell, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). That decision holds that if an employee is detailed to a position classified in a higher grade for a period in excess of 120 days without Civil Service Commission (CSC) approval, he or she is entitled to a retroactive temporary promotion and backpay for such period provided all qualifications and other requirements for such a promotion are met. See paragraph 8C, CSC Bulletin 300-40, May 22, 1977. While employed by the Department of the Army as a Clerk- Typist GS-322-4, Ms. Taylor was informally detailed from May 8, 1977, to June 18, 1978, to a position classified as Training Coordinator GS-301-7. The Army denied Ms. Taylor's claim for retroactive temporary promotion to the grade GS-7 position and backpay because she did not satisfy the Whitten Amendment requirement of one year in grade GS-6. Ms. Taylor then filed a claim with our Claims Division. This was returned to the Army for possible settlement in accordance with our decisions which implement Turner-Caldwell and hold that an employee who has been detailed for more than 120 days to a position classified two or more grades above his or her assigned grade is entitled to a retroactive temporary promotion to the highest intervening grade for which he or she met the Whitten Amendment and other applicable requirements. See Sam Friedman, Edwin C. Baker, and Russell A. Holmes, Jr., B-189690, February 16, 1978, and Mary Lee Groover, B-190174, April 21, 1978. ^ -/1 (7 ? lj--.L/ t I JA5

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most