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B-200005 1 (1982-06-18)

handle is hein.gao/gaobadkkq0001 and id is 1 raw text is: 1f/,t 0. // (S If 1?A THI CDMPTROLLWIR GENURAL OECISON ,F THU UNITL*0 UTATE WASHINGTON, D.C. 905483 FILE; B-200005 DATE: June 18, 1982 MATTEiR OF; Albert W, Lurz - Extended detail to higher grade position--Agency regulation and pro- vision of negotiated agreement DIGEST: 1. In Wilson v. United States, the Court of Clalms ruled that no statute or provision of the Federal Personnel Manual requires a temporary promotion for an overlong de- tail, We followed Wilson in Turner-Caldwell III, B-203564, May 25, 1982, and overruled our prior Turner-Caldwell decisions, Never- theless, we hold that an agency, by regula- tion or collective bargaining agreement, may establish a policy under which it becomes mandatory to promote employees detailed to higher grade positions. The violation of such a mandatory provision in a regulation or agreement may be found to be an unjusti- fied or unwarrnted personnel action under the Back Pay Act, 5 U.S.C. 5596. 2. Where agency asserts that its regulation was intended to make temporary promotions for details to higher grade positions man- datory after 60 days, thereby establishing a nondiscretionary agency policy, that reg- ulation may provide the basis for backpay under the Back Pay Act, 5 U.S.C. § 5596. While other interpretations of the regula- tion could be made, under the circumatances of this case the agency's interpretation is a reasonable one. 3. Where the parties to a collective bargaining agreement agree that the provisions in the negotiated agreement were intended to make temporary promotions for details to higher grade positions mandatory after 60 days, thereby establishing a nondiscretionary agency policy, those provisions may provide the basis for backpay under the Back Pay Act 5 U.S.C. § 5596. While other interpretations of the negotiated agreement could be made, -.......- .. .. ~r..*.q fl~

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