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B-187234 1 (1976-12-08)

handle is hein.gao/gaobaddzz0001 and id is 1 raw text is: 








                           VINS COMPTOLLEN WENENAL
DECISION .     . Op THE UNITED ETATUE
                           WAUHINGTCN. D. C. P0546


C,1


B-187234


DATE:  December 8, 1976


Mr. Edward  Rothenberg - Backpay for Alleged
improper c'lassification


DIGEST:        1. General Services Administration employee
                  cliwims backpay from August 3,,.1962, for
                  alleged irriproper position classification at
                  gr&e½ GS-12 instead ofat grade GS-13 level.
                  Since questionsregarding classification of
                  positionst re slily within jurisidiction
                  of emnployihg agency ani the Civil Service
                  Commission  (5 U-S.C. S 5107 et'seq..), this
                  Office lacks autiity to considFr propriety
                  of classifiation actions or to eistrtair.
                  claimsfoibackpayIbased on coiMztitns
                  that position classification was improper.
                  Eziployee should have appealed alleged
                  improper classification to Commission.
               2, Em'ployee fgd'his claim with this Office
                 :on'Marh  6,1976, for oackpay due'as'a
                 result of an allege5d iinpropEr classification
                 ofhis positior to grade GS-12 instead of
                 grade  GS-13,on Augist 3. 1962. Uider
                 51 U. S. C. S 71a (Supp. IV, 1974), claims
                 against the United Str ies are barred unless
                 presented to this Office within 6 years fr'm
                 date claim acciues. Therefore, we may not
                 consider any element of claim accruing
                 before March  8. 1970.
    This deciior is fn response to Mr. Edward Rothenberg's appeal
of our Claims Divis4n's denial of his claim for backpay from
August 3, 198,, to the present, allegedly due because of en im-
proper position classification as a grade GS-12.

   Mr.        erg  aediployed as the Chief. Research'and Testing
Branch, Quality Control Division, Federal Supply Service, General
Services*Administration, New-York, New York. During the period
fron Augist 3. 1962,; through November 1. 19691 he occupied the
position of a Supervisof y Chemist grade GS-12. 'On November 2,
1969, his position was'reclassified to grade GS-18 level.
Mr. Rothenberg contens  that his grade GS-12 position should have
been reclassified to grade GS-13 level on or about August 3, 1982,


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