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B-180918 1 (1975-05-28)

handle is hein.gao/gaobadcjt0001 and id is 1 raw text is: 

                 ECSI l-
                             THE  COlVPTROLi..ER GENERAL
DECISION                     OF   THE UNITED STATES
                             WASHINGTON, D.C. 2054B


                                            MAY  2 81975
FILE:   B-180918                    DATE.

MATTER OF: Adolf E. Fullgrabe - Retroactive salary increase -
                Appointment grade v. Job description
DIGEST:
           Although employee of the U.S. Coast Guard accepted an
           appointment to grade GS-9, when he entered on duty
           -agmcy 'gave-,him position description for grade GS-f1
           position and advised him that he was to perform those
           duties.  Agency intended to fill position at GS-9
           level to provide training and job familiarization and
           employee was promoted to a GS-11 after 1 year. During
           initial year agency stated that he did not perform at
           GS-11 level.  Appointment at GS-9 was not an unjustified
           or unwarranted personnel action; therefore, backpay
           claim for retroactive adjustment of salary is denied.

     This matter concerns an appeal from a settlement by our
 Transportation and Claims Division which denied the claim of
 Adolf E. Fullgrabe, a civilian employee of the United States
 Coast Guard in Cleveland, Ohio, for retroactive salary adjustment.
 Mr. Fullgrabe stated that while he received an appointment to a
 grade GS-9 position, he qualified for, and was instructed to perform
 the duties of a grade GS-11 position.

      In summary, the record shows that in April 1969 the Coast
 Guard requested the Civil Service Commission to furnish a
 $certificate of eligibles for a grade GS-9 position, Electrical
 Engineer. The claimant's rating and certification was requested
 if within reach of the register. In May 1969 the claimant was
 certified as eligible for said position; he was selected and
 appointed effective June 9, 1969. The position was identified
 as PD No.9-6661A and was at the grade GS-9 level. Two days
 after entering on duty, a supervisory official gave the claimant
 Position Description No. 9-6661A-2 and informed him that it was
 the official written statement of duties he was to perform in
 his job. This description was identified as one for a GS-11
 position, and claimant contends that he performed the duties.
 specified in the written description.

     The Coast Guard has advised us that its intent was to fill
 the subject position at the GS-9 level in order to provide the
 claimant with a period, under close supervision, of familiarization
 and training with the duties and responsibilities of the position.


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