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B-196625 1 (1980-02-20)

handle is hein.gao/gaobadiaf0001 and id is 1 raw text is: DECI966 FILE: B-196625 T H T E 0 _AP- e11iL ' O~F THE UNJITED STATES WASHiNGTON. 0.C. 20548 DATE: February 20, 1980 MATTER OF: Ardeth D. Potts - Claim for Backpay - Detail to Higher-Graded Position DIGEST: Employee claims backpay for period during which she contends that she performed duties assigned to higher-graded position. Claim may not be paid because employee cannot be promoted to position which has not been classified. Claim is in nature of appeal of job classification and alleged improper position classification could have been appealed to agency and Civil Service Commission. This decision concerns the appeal of Ms. Ardeth D. Potts of our Claims Division settlement dated August 10, 1979 (Z-2733930). The settlement denied hermclaim for p retroactive temporary promotion and backpay For the reasons stated below we sustain the settlement. Ms. Potts occupied a GS-5 position classified as a Procurement Clerk for the Department of the Air Force at Norton Air Force Base, California. She states that she performed the higher-graded duties of a GS-7 Contract Specialist during the period July 10, 1972, through February 11, 1974. Thus, she con- tends she is entitled to a temporary promotion and backpay on the basis of our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), and 56 id. 427 (1977). We held therein that employees officially detailed to established higher-level positions for more than 120 days without proper sanction are entitled to retroactive temporary promotions with backpay beginning with the 121st day of the detail until the detail is terminated. In the present case, it is indicated that no established classified GS-7 Contract Specialist position existed in the agency, except for a brief period from October 24, 1973, to January 25, 1974. The agency and our Claims Division denied Ms. Potts' claim on the basis that there was no established, classified position at the GS-7 level to which she could have been detailed. We agree. 60 I

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