About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-199698 1 (1981-03-02)

handle is hein.gao/gaobadjea0001 and id is 1 raw text is: 






                         THE COPZ         E   ENERAL
 CDECISION        :      OF THE UNITED STATES
                         WASHINGTON,.0..C. 20548
                  UN ITF0


 FILE: B-199698                DATE: March 2, 1981

 MATTER OF: Hugh M. Chally - Laim for retroactive
              temporary promotion and backpayj

 DIGEST: Employee classified as a GS-11
          claims retroactive temporary
          promotion and backpay for per-
          forming the duties of an Elec-
          tronics Mechanic, General Foreman
          WS-14/15, from 1973 to 1978 for
          which he was not paid. Claim is
          denied where foreman position in
          question was not in existence
          during period of the claim.

    This decision is in response to the tappeal of,,
Mr. Hugh M. Chally of our Claims Division settlement.
dated April 25, 1980 (Z-2821198)-. Mr. Chally's claim
is based on-our Turner-Caldwelljdecisions'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
(now Office of Personnel Management) approval, he or she
is entitled to a retroactive temporary promotion and
backpay for such period provided all qualifications and
other requirements for such promotion are met. See
paragraph 8C, Federal Personnel Manual (FPM) Bulletin
No. 300-40, May 25, 1977.

     This decision deals only with that portion of the
claim which accrued after January 24, 1974, since
Mr. Chally did not question the Claims Division's deter-
mination that the earlier portion of his claim is barred
by the applicable 6-year statute of limitationsD found
in section 71a of title 31, United States Code.

    ,Mr. Chally contends that he is entitled to a
temporary promotion and backpaywithin the meaning
of Turner-Caldwell based upon a disposition form)
dated July 6, 1973,_signed by the Chief, Depot Shops
Division, assigning him the responsibilities of super-
visor in charge of all swing shift operations and
personnel. This disposition form was addressed to

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:

Already a HeinOnline Subscriber?

profiles profiles most