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B-185482 1 (1976-09-16)

handle is hein.gao/gaobadczd0001 and id is 1 raw text is: THE COMPTR.,s.LER GENERAL DECINOF THE UNITED STATES WASHINGTON. D. C. 20548 t9 1,76 FILE:~l58 DATE: SEP 16 1975 ~ ~/ FIE B-185482 MATTER OF: Katherine M. Kline * Retroactive Promotion DIGESTr: Employee accepted lateral reassignment to new position with agency promise that position held two-grade interval promotion from grade GS-5 to GS-7. However, position had one- grade interval promotion pattern from grade GS-5 to CS-6 to GS-7. Agency may not grant employee retroactive promotion with backpay to dates she should have been promoted since classification actions generally have only prospective effect. Further, there is no evidence of intentional misclassification due to discrimination. This action is in response to a request for an advance deci- sion from the Environmental Protection Agency (EPA) concerning whether the agency may grant a retroactive promotion and backpay to an employee, Ms. Katherine M. Kline, under the provisions of 5 U.S.C. 9 5596 (1970). The record shows that Ms. Kline, who was employed at EPA's Region V office in Chicago, accepted a lateral reassignment on June 24, 1973, from the position of Secretary, grade GS-5, to the position of Program Assistant (later designated as Enforcement Assistant), grade GS-5. The agency states that this reassignment was accepted by the employee with the express understanding that the new position held a double-grade one-time promotion potential to grade GS-7. However, that representation by EPA was erroneous. The record indicates that from January until April 1974, Ms. Kline's supervisor worked with EPA's Personnel Office to prepare a position description for Ms. Kline's promotion to grade GS-7, but, in April 1974, an EPA Regional Classifier determined that her position, Program Assistant, GS-301-5, was a position with a one-grade rather than a two-grade interval for promotions. It appears from the record that the Classifier also determined that Ms. Kline's position had been erroneously classified as a 301 series position rather than a 344 series position. EPA then offered the employee a compromise of a promotion to grade GS-6 in the 344 series position under merit promtion procedures.

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