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B-180010 1 (1976-05-26)

handle is hein.gao/gaobaddlu0001 and id is 1 raw text is: C! E3 ID N B-180 THE COMPTROLLER GENERAL t* -OF THE UNITED STATES WASHINGTON, D.C. 20548 1q3 1010 DT: MAY 2 61976 National Labor Relations Board - Retroactive Adjustment of Reclassification Action National Labor Relations Board employee filed a grievance alleging that her position reclassification and promotion was delayed in violation of collective-bargaining agree- ment. Agency sustained employee's grievance and requested ruling on propriety of retro- actively adjusting effective date of reclassi- fication action. Because Federal Personnel M.nual ch. 511 § 7-1(a) (1969 ed) expressly precludes retroactive adjustments of reclassi- fication actions upgrading a position, agency is prohibited from making reclassification date retroactively effective, despite violation of a collective-bargaining agreement provision that agency construes as requiring such action. This action concerns a request by the General Counsel of the National Labor Relations Board (NLRE) for a decision as to whether that agency may award a retroactive promotion and back- pay to an agency employee. This matter arises out of a grievance filed by an NLRB employee under a negotiated grievance procedure contained in a collective- bargaining agreement between the National Labor Relations Board Union (Washington Local) and the General Counsel of the National Relations Board, pursuant to Executive Order No. 11491, as amended, 3 C. F. R. 254 (1974). The grievance procedure culminates with the General Counsel and provides for binding arbitration thereafter. The facts as found pursuant to the grievance procedure are as follows: An employee of the agency was eligible for consideration for promotion (reclassification) from GS-4 to the GS-5 grade level on March 31, 1975, the anniversary date of her last promotion. Prior to this date, the employee on several occasions had asked her supervisors if she would receive a pro- motion to GS-5 on the anniversary date, and believed from the responses she received that her promotion would occur on that date. Near the end of February, 1975, the employee's supervisor counseled her that, FILE: MATTER OF: DIGEST: K

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