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B-193355(VBG) 1 (1979-08-08)

handle is hein.gao/gaobactzm0001 and id is 1 raw text is: q ( *1 4 4 r 5M /323 /4 /3o UNITED STATES GENERAL ACCOUNTING OFFICE WASHINGTON, D.C. 20548 1hREPLY OFFICE Oil GEN4ERAL.COUNsEL.MTE O B135 VG t TFoger L, Smith, Esq, O'Connor, Preaton, Glenn and Smith, P.A. 01,, The LawBuilding St. Paul Place at Franklin Baltimore, Maryland 21202 Dear Mr. Smith: This refers to your letter of June 28, 1979, RLS:peb, in which you request reconsideration and clarification of 3-193355, May 14, 1979, in which r. Bruno DiSimone was denied a retro- active promotion with backpay. Since you have failed to provide new evidence which establishes a factual or legal basis for the claim the Comptroller General shall not reconsider that decision. With regard to your question as to when and by what authority has the position of Deputy Commissioner been downgraded, we explained in B-193355, May 14, 1979, that: * * * Section 902, title 33, United States Code, defines the term 'Deputy Commissioner' but does not indicate the salary or grade of that position. In this connection the record shows that in the GS-15 Position Description for Mr. Adler, Mr. DiSimone's predecessor, the posi- tion title was 'Supervisory Workmen's Compensation Claims Examiner.' The title 'Deputy Commissioner' appears only in the part of the Position Description Form under the heading 'Description of Duties and Responsibilities.' Thus, it appears that the title 'Deputy Commissioner' is a functional title rather than a position classification title. * * * Mr. DiSimone has' raised a classification istiue. IHis predecessor was a grade GS-15; Mr. DiSimone is now a grade GS-13, and the Civil Service Commission (now Office of Personnel Manage- ment) has approved Mr'. DiSimone's classification at the grade GS-13 level. Our Office has no authority to review classification 1, 1 A'$OWJTIol% i I

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