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B-180010.04 1 (1976-04-09)

handle is hein.gao/gaobaddpt0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DMECISION .OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: DATE: APR 9 1976 qcfol4 MATTER OF: DIGEST: Marion McCaleb: Retroactive Promotion - Position Reclassification - Reconsideration Employee's GS-12 position was reclassified administratively to GS-13, effective June 2, 1975, incident to employee's grievance related to co-workers' promotions which had become effective October 11, 1974. Reclassification of position with concomitant pay increase may not be made retroactive other than as provided in 5 C.F.R. § 511.703. Upon reconsideration, decision is affirmed. This action responds to a request for reconsideration of decision B-180010.04, November 28, 1975; 55 Comp. Gen. ,. That decision held that the National Labor Relations Board (NLRB) could not retroactively adjust Marion McCaleb's promotion with pay where the retroactivity of the promotion involved the reclas- sification of Ms. McCaleb's position. The digest of the decision of November 28, 1975, reads as follows: Employee's GS-12 position was reclassified administratively to GS-13, effective June 2, 1975, incident to employee's -grievance related to co-workers' promotions which had become effective October 11, 1974. Reclassification of position with concomitant pay increase may not be made retroactive other than as provided in 5 C.F.R. § 511.703. Helen C. Reiner, attorney for Ms. McCaleb, in requesting reconsideration, states that the ruling in the decision of November 28, 1975, is based on the general rule concerning the effective dates of promotions, presumably that such promotions are generally effective only prospectively. Ms. Reiner urges that Ms. McCaleb's situation falls into the exception to the general rule as provided by the Back Pay Act, 5 U.S.C. § 5596 (1970). In this connection, Ms. Reiner refers to B-180056, May 28, 1974, and B-175275, June 20, 1975. The decision in B-180056 invdlved denial of a claim for backpay involving an alleged failure to promote. To the extent

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