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B-185539 1 (1976-02-04)

handle is hein.gao/gaobaddra0001 and id is 1 raw text is: 


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MATTER   OF:  Edward G. Worosila - Retroactive position
              classification


Employee's GS-11 position was reclassified
administratively to GS-12 on January 17, 1975,
incident to appeal by the employee. Reclassifi-
cation of position with related pay increase may
not be made retroactive other than as provided
in 5 C. F. R. 5 511. 703.


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    This action concerns an appeal by Mr. Edward G. Worosila, an
employee of the Department of the Army, from the disallowance of his
claim for retroactive pay as a result of a change in classification of
his position from grade GS-11 to grade GS-12 as set forth in Settle-
ment Certificate of November 6, 1975, issucd by our Transportation
and Claims Division (now Claims Division).

    The facts were stated in the settlement action as follows:

         The record shows that you were employed
   as a Television Production Specialist, GS-1071-11,
   at the United States Iilitary Academy (USMA). On
   October 15, 1974 you submitted an appeal of the clas-
   sification of your position by the USMA Civilian Per-
   sonnel Division, to be sent to the United States Army
   Civilian Appellate Review Agency. On January 17,
   1975, the Department of the Army decided that your
   position should be classified as Audio-Visual Pro-
   duction Cfficer, GS-1071-12. Pursuant to this
   reclassification you were promoted from GS-11,
   step 10 to GS-12, step 6, effective February 9,
   1975.  You are claiming a retroactive pay adjust-
   ment  on the grounds that for 4-1/2 years you per-
   formed  duties which should have been classified at
   a higher grade. 

   Before a promotion for Mr. Worosila could be made retroactive
there would have to be a position allocated in the higher grade. Here
the position in question was not allocated until January 17, 1975. For
the reasons set forth below the effective date of the position allocation
may not be made retroactively.



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                         ~THE   COMPTROLLER GENERAL
DECISIDN      /..OF THE UNITED STATES
                           WASHINGTON.  D.C. 20548



FILE:  B-185539                  DATE:     F7 4 176


DIGEST:


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