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B-183660 1 (1975-07-11)

handle is hein.gao/gaobadcfy0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITEo STATES WASHINGTON. D.C. 20548 FILE: DATE: JUL 111975 5-183660 MATTER OF: Paul R. Drake * Highest previous rate - Backpay DIGEST: Employee was promoted from prevailing rate position to one in the General Schedule soon after a pay increase in the General Schedule and before an increase in the prevailing rate position. Under the highest previous rate rule governing the set- ting of the rate in the General Schedule position, the employee gets no rate benefit from the prevail- ing rate increase since the employee's pay rate and the General Schedule rate at the time of promotion are the bases for the pay adjustment. Also, a pay rate attained under a temporary promotion limited to 90 days or less may not under the applicable regulation be used to determine the highest previ- ous rate. This action concerns an appeal by Mr. Paul H. Drake from the disal- lowance of his claim for additional compensation incident to his promo- tion from Gyrocompass Mechanic, W3-12, step 3, to Industrial Engineering, GS-7, step 7, effective August 24, 1969, as an employee of the Department of the Navy, as set forth in Settlement Certificate of March 20, 1975, issued by our Transportation and Claims Division. The claim involves the application of the highest previous rate rule promulgated by the Civil Service Comission, 5 C.F.R. 1 531.203(c), where Mr. Drake changed from a prevailing rate position to one under the General Schedule during a period just after a pay increase in the General Schedule and before one in the prevailing rate position. Additionally, Mr. Drake had been detailed to the General Schedule position (to which he was later appointed) and promoted on a temporary basis of less than 90 days to another prevailing rate position before the change in pay systems, There is, thus, for consideration whether such personnel actions provide a basis for granting him additional compensation. The data before us shows that Mr. Drake, as an employee of the Long beach Naval Shipyard, submitted his application under the Navy Merit Promotion Policy for the position of Industrial Engineering Technician, GS-895-7, in June 1969. He indicated on his application at that time

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