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B-201945 1 (1981-06-04)

handle is hein.gao/gaobadjky0001 and id is 1 raw text is: 0 .THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. 0.C. 20548 FILE: B-201945 DATE: June 4,1981 MATTER OF:Ella L. Tedesco - Retroactive Temporary Promotion DIGESTEmployee appeals action of Claims Group which denied claim for retroactive pro- motion and backpay based on detail to Assistant Personnel Officer position on grounds she did not perform all duties of the position. In support of appeal employee supplied former super- visor's statement indicating that she performed all duties of higher grade position. Since statement is inconsistent with same supervisor's previous statement given in course of agency hearing, claimant has not sustained burden of showing that she performed all duties of the position. By letter of December 4, 1980, Ms. Ella L. Tedesco appealed Settlement Certificate Z-2825814, issued October 29, 1980. That action denied herLclaim for ji retroactive temporary promotion and backpa7 to GS-14 on the grounds that she did not perform al-T of the duties of the GS-14 position. For the reasons stated herein we affirm the disallowance of Ms. Tedesco's claim. Ms. Tedesco's claim is based on Matter of Turner- Caldwell, 55 Comp. Gen. 539 (1975), affirmed, 56 id. 427 (1977). That decision held that employees who are 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 tempo- rary promotions and backpay beginning on the 121st day of the detail. The burden of proof is on the claimant to show that he or she was in fact detailed to and per- formed the duties of a higher graded position. Matter of John R. Figard, B-181700, January 18, 1978; Matter of Richard M. Eartol, B-193618, May 9, 1979. Even where the evidence shows that an employee was detailed to perform the duties of a higher grade position, the employee may not be granted a retroactive temporary promotion and backpay where the evidence is insufficient to show that the employee in fact performed those duties. Matter of Nathan Lesowitz, B-185766, June 15, 1977. 11,6-111

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