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B-196640 1 (1980-04-02)

handle is hein.gao/gaobadidh0001 and id is 1 raw text is: $ THE COMPTROLLER GENERAL OF THE UNITEO STATEB WASHINGTON. 0. C. 20548 L_ _L FILE: B-196640 / DATE: April 1, 1980 MATTER OF: Lewis E. Winson--etroactive Temporary Promotion and Backpay A GS-11 employee is not entitled to a retroactive temporary promotion and backpay when he fails to prove that the position he was detailed to was classified at a grade higher than GS-11. Evidence that other employees in same job series were paid at GS-12 level does not show that agency erred in classifying claimant's position at GS-11. Lewis E. Wilkinson appeals our Claims Division settlement dated February 12, 1979, Z-2725249, denying his backpay claim based on Turner-Caldwell, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). Those decisions hold that if an employee is detailed to a position classified at a higher grade for a period in excess of 120 days without prior 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 para- graph 8C, CSC Bulletin 300-40, May 22, 1977. Mr. Wilkinson was employed by the Internal Revenue Service as a GS-11 Program Manager for the Taxpayer Compliance Measure- ment Program (TCMP) in Birmingham, Alabama. Mr. Wilkinson alleges that he was detailed to this position beginning on May 18, 1972, and ending on August 3, 1975. Mr. Wilkinson alleges that other TCMP Managers were GS-12s and that he performed the same duties. On February 5, 1975, Mr. Wilkinson requested a Job Classification Desk Check but this request was never granted. However, after meeting with union representatives and manage- ment, Mr. Wilkinson was given a High Quality Award and he was promoted to a GS-12 on August 3, 1975. Mr. Wilkinson believes that our Turner-Caldwell decisions apply to his situation and that he should be granted a retroactive temporary promotion and backpay. Our Claims Division denied Mr. Wilkinson's claim on the ground that his claim was based DIGEST: -1 ?,/) 7 OF-CISION

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