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B-183061 1 (1975-07-02)

handle is hein.gao/gaobadcqt0001 and id is 1 raw text is: V DECISION FILE: B-183061 . ' IT 71 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE: JUL 2 - MATTER OF: Internal Revenue Service employees - Retroactive promotion with backpay DIGEST: Collective-bargaining agreement provides that certain Internal Revenue Service career-ladder employees will be promoted effective the first pay period after 1 year in grade, but promotion of seven employees covered by agreement were erroneously delayed for periods up to several weeks. Since provision relating to effective dates of promotions becomes nondiscretionary agency requirement, if properly includable in bargaining agreement, GAO will not object to retroactive promotions based on administrative determination that employees would have been promoted as of revised effective dates but for failure to timely process promotions in accordance with the agreement. This matter concerns a request on behalf of a District Director of the internal Revenue Service (TRS), Department of the Treasury. for a decision as to whether the office concerned may retroactively adjust the promotion dates of seven IRS employees whose promotions were erroneously delayed for various periods of time up to approx- imately 2 months beyond the date they should have become effective pursuant to a collective-bargaining agreement between the IRS and the National Treasury Employees Union (NTEU). The record, as provided by the agency, indicates that the seven employees, employed as Revenue Agent Trainees and assigned to work in the Stabilization Program were placed in career-ladder positions. All seven employees progressed satisfactorily in the Internal Revenue Agent Training Program. It was erroneously pre- sumed by the IRS supervisors concerned that career-ladder type promotions were automatically processed so that employees would be promoted on their eligibility date in the absence of an unacceptable performance certification. The fact that promotion action requests were not submitted was not discovered until November 22, 1974, whereupon promotion requests for the seven employees were processed and made effective on November 24, 1974. The delayed effective date of the promotions prompted the seven employees to file a grievance on December 6, 1974, through PUBLISHED DECISION 55 Comp. Gen....... - () V(0( q

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