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B-195373,B-200743 1 (1981-05-12)

handle is hein.gao/gaobadjju0001 and id is 1 raw text is: DECISION A~ , .1 ' D .E C IS-195- N FILE: B-195373/B-200743 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20546 DATE: May 12, 1981 MAT-7,FER OF: Gilbert C. Atencio and Dale T. Evans - ht rorRetroactive Temporary Promotion and Backpa2 DIGEST: Two employees classified as Machine Operators WG-07, claim that they were detailed to the position of Weigher WG-08. The record con- tains statements from their supervisors that they were detailed to perform the duties of the Weigher, WG-08, an established, classi- fied position. Under these circumstances, the employees have met their burden of proof to show that they were detailed and that they are entitled to relief pursuant to our Turner- Caldwell, decisions, 55 Comp. Gen. 539 (1975), 56 Comp. Gen. 427 (1977). The action is in response to a request for a decision by James J. Mulcahy, Assistant Director of Personnel, Department of the, Treasury, Director of the Mint, concerning the claims of Mr. Gilbert C. Atencio and Mr. Dale T. Evans for retroactive temporary promo- tions and backpay. The claims are based on the ration- ale of our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) 56 Comp. Gen. 427 (1977). We held therein that employees detailed to higher grade positions for more than 120 days without Civil Service Commission (CSC) (now Office of Personnel Management) approval, are entitled to retroactive temporary promotions with back- pay from the 121st day of the details until they are terminated. The claimants are represented by the American Federation of Government Employees (AFGE) in this matter. Mr. Atencio and Mr. Evans were employed by the Department of Treasury, United States Mint, in Denver-,pL Colorado, as Machine Operators, WG-07. Mr. Atencio claims that from November 2, 1970, through February 1977, he was detailed to perform the duties of a Weigher, WG-08. Mr. Evans claims that he was detailed to perform the duties of a Weigher WG-08, from May 4, 1970, through December 1974, and from January 1976, ;sv'

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