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B-196652 1 (1980-01-11)

handle is hein.gao/gaobadhwq0001 and id is 1 raw text is: DECISION FILE: B-196652 MATTER OF: DIGEST: J ~ THE COMPTROLLER GENERAL . A OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: January 11, 1980 Jose Lujan, et. al. - roactive temporary promotion and backpay National Guard technicians, whose positions as Aircraft Mechanics., WG-10, were prevailing rate positions in excepted service, filed claims for retroactive temporary promotion and backpay under Turner-Caldwell line of decisions alleging improperly extended details to positions as Air- craft Mechanics (Crew Chief), WG-12. Although the positions in question are beyond the scope of coverage set forth in section 8-2, subchapter 8, chapter 300, Federal Personnel Manual, claims may be independently evaluated and adjudicated where nondiscretionary agency regulation extends coverage of FPM detail provisions to National Guard technicians in hourly wage pay plan positions. This decision is in response to the request of Mr. Jose Lujap, and 17 additional claimants who are similarly situated, for recon- sideration of their claims for retroactive temporary promotion and backpay which were disallowed by our Claims Division on November 22, 1978. Although the specifics of individual claims vary, in general 6 the 17 technicians claim that while occupying the positions of z) Aircraft Mechanic, WG-10, in the New Mexico Air Mation 1 Guard, they were detailed to positions as Aircraft Mechanic (Crew Chief), WG-12, without prior approval of the Civil Service Commission (CSC) (now Office of Personnel Management) for an extended period in excess of 120 days. Thus they contend that they are entitled to retroactive temporary promotions with backpay under our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). Our Claims Division found that the position of Aircraft Mechanic, WG-10, was a prevailing rate position in the excepted service. Since the position was neither in the competitive service nor under the General Schedule, the Settlement Certificate issued to the individual claimants typically concluded as follows: I I RVA

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