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B-181223 1 (1974-07-29)

handle is hein.gao/gaobadcci0001 and id is 1 raw text is: op. $ GoC -$A4 to 9 DATE: I*t81223 JUL 20 g4 MATTER DIGEST: '1 ..I- - Robert. A9 aa eso5etroactisve avnotntn'Q . LA. Employees, placed inlower grade pt time of anpointment than they would have been placed in had there not been an o4dministrative failure to carry out : nondiscretionary agency policy, may have thqir anointments retroactivetv changid to the higher grade and paid approoriAte back nAy, While eneral rule i that ratroactive changos in salary may not be made in absence of a statute so providing, GAO has pa:ritted retroactive ad)uvrnents in cases where erroro occurred as the result oi a Lailure Eo carry out a nondiscretionary administrative policy. See Cono, Gen. decs, citpd. This matter involves a request from the Untd States FederLt Labor Relations Council for authority to make rotreactive appointments, with appropriate back pay, to correct administrative errors which occurred in the hirtng of two employeev of the Count, namely Mr, Robert As Remes and Mr. Robert F. Nermann, In the case of Mr. Rmes, authorization is sought to make his apointuaent to 05-11, ste 1, retroactivn ti August 5, 1973, the date he' ai first appointed and to pay retroactive salary equivalent to the differance between the salary of GSa9, step 1, and GS*11, step 1, for the period from August 5, 1973, throush December 8, 1973. In the case of Mr. Iormann, authorization is sought to make his GS-li appoint'ent retreactive to August 13, 1973, the date of his appointment and to pay retroactive salary equivalent to the difference between the salary of GS-9, step 1, and GS'.11, step 1, for the period from August 13, 1973, through December 22, 1973. The record indicates that at the time they werefirst hired by the Council, Mr. Remes ar,*Mr. rHermann were appointed to positions elasoified as Law Clerk (Trainee), GS*904, at Grade 9, step I. The Executtve Director of the Council states that at'the time the employwos were intervieved, selected and appointed to their positions, there vaa a nondiscretionary agency policy in effect which'provided that attorney- advisors and law clarK trainees wexe to be hired at a GS-11, step 1, level if they met the criteria of 1ederal Personnel Manual Chapter 930, subehapter 3-3(b)(2). Both Mr. Rumes and Mr. Hermann met the criteria of thit subehapter. 'he Executive Director further statest It is clear that, had there not been a misunderstanding as to the FPM criteria 70 9450 PU sISM) DECISION S .Conp. Gen .......44,,,0 * t - REST DOCUMENT AVAILABLE 4f5itr,6c TH oCV1PnR...LEF GWNERAL 1o THE! UN ITE O ,TrrATEr \.ECISION4 VN,04U 4;WASHiiNGTON. 0.0C.10,4 a,\sfA..% 1 'r . A . I FILE; I 4 FI

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