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B-199250 1 (1981-04-15)

handle is hein.gao/gaobadjhh0001 and id is 1 raw text is: 7THE COPI E 4 RAL OECISION OF THE UNITEO STATEB WASHINGTON. 0.C. 20549 FILE: B-199250 DATE: April 15, 1981 MATTER OF: Mark A. Kuzminski -(Retroactive Temporary Promotion and Backpay7- Higher-level duties DIGEST: Employee claims that assignment of higher-level duties resulted in his performing work substantially equal to that of a higher-grade position. Where claimant has not established that he was detailed to a higher- grade position, the general rule applies that an employee is entitled only to the salary of the position to which he has been appointed regardless of the duties he may perform. Since employee did not prove fact of detail, claim is denied. Mr. Mark A. Kuzminski, through his authorized representative, requests reconsideration of his claim for a retroactive temporary promotion with backpay which was disallowed by our Claims Division on April 25, 1980 (Settlement No. Z-2819376). For the reasons which follow we are sustaining the dis- allowance of our Claims Division. The issue is whether there is sufficient proof to show that Mr. Kuzminski was actually detailed to and performed the essential duties of an established position at a higher-grade level than he was paid. Mr. Kuzminski was employed at the Wilkes-Barre Data Operations Center, Social Security Administra- tion, Wilkes-Barre, Pennsylvania, as a GS-3 data transcriber. Mr. Kuzminski claims that since Sep- tember 2, 1974, he has been performing the duties of a GS-4 data transcriber. The claim for the period of alleged detail was denied by the Social Security Administration because the amount of grade 4 work performed by Mr. Kuzminski never exceeded 15 percent of his total duties during the period in question and, hence, he was not improperly detailed to a higher-graded position.

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