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B-196562 1 (1980-07-07)

handle is hein.gao/gaobadijq0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DE C SION OF THE. UNITED STATES WASHINGTON. D. C. 20548 FILE: B-196562 DATE: July. 7, 1980 MATTER OF: Burnell A. Tickles - Retroactive Temporary Prorffotion Employee of the Department of Energy appeals action of Claims Division which denied his claim under Turner-Caldwell for a retro- active promotion and backpay. That action is sustained since higher grade duties to which employee claims he was detailed were not classified and established as a higher grade position. Agency is not estopped to deny existence of established higher grade position by reason of its failure to classify duties and establish position for over one year. By a letter dated September 11, 1979, Mr. Burnell A. Tickles, through his attorney,,appealed Settlement Certificate No. Z-2416546, issued July 18,/1979, which denied his claim based on our Turner-Caldwell decisions, 55 Comp-.. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977), for retroactive temporary promotion and backpa Mr. Tickles, a GS-14 EEO Specialist in the Office of Equal Opportunity, Department of Energy (DOE), submitted a claim to DOE on October 6, 1978, alleging that he had performed the duties of Chief, Division of Operations, Office of Equal Opportunity, a GS-15 position, from October 1,'1977 until October 6, 1978. His claim was administratively.denied on November 16, 1978, by the Department of Energy which stated in part: Upon the activation of the Department of Energy, all employees transferring into DOE from its component agencies transferred with their functions as of October 1, 1977. Your position at the time of your transfer was Equal Opportunity Specialist, GS-160-14. Your memorandum states that you were required to perform the duties of Chief, Operations Division, and that the duties of that position were at the GS-15 level. OIGEST:

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