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B-186649 1 (1977-01-03)

handle is hein.gao/gaobadeax0001 and id is 1 raw text is: I E, DECIBION .. I THE COMPNTROLLUN USNENAL OF TME UNITED ETATEE WASHINGTON, D.C. 20 .18 FILE: 5-188640 DATE:J W1 MATTER OF: Adre'se AMearn et. al. e Retroactive Promotions for Creer Ladder Employee DIGEST: Where Internal Revemue Service (IRS) failed to sabmit promotion resemmeadatss for 31 career ladder employees on a timely basts, casing promotions b be delayed beyond dates employees became eligible for advancoueut, is requests whether it may consider delay Pt wjuastified perseo- ael ation and award retroactive promotions nder Sack Pay Statute. 5 U. a. C. I 55. S1mce employees had no vested rigt to be ronmote Wader statute, regulation or ool- bargintg agreement. delay of prmotions was not mIN ad corrective action would not be hrid under Back Pay Stafte. This ation comerns a request from the Director, Personnel Diuscom. Internal Revenue Service (IRS), Department of the Treasury, Washington, D. C.. for a decision as to wheth-.- the IMt may retroactively adjuSt the promotion dates of 31 employee. io the IRS DistrIl Office. Jacksouville. Florida. 72e em~ployees were serving to career ladder positions during the e July 1975 to March 1ST4, and recommendations for teirpromotos were at uubnitted oa a ttmely basis so as to permit thes employees to be promoted when they became oliible. A. a result. eac pomotSon action was made retroactively eective. wherein each standard form S7-k0 was anotated with the remark Delay Due to Adinmstrative Error. Mhortly thereafter the Civil Service Cam lsion eadeted an oneito evaluation of the IRS District Office in JsAksoarille. Florida, and cited ue.e retroactive promotions as violations of Cemmiske regulations. As a result. the Commission required IRK to take corrective action with regard to tese improer ratroactive promotions. 4ta IRP tok the crectiv action required by the Commission and set the effective date ot each promotion on or after each SF-50 was isued by the Personnel Office. However, the IRS does not desire to penalise employees involved for fathere of agency officials to submit the promotion recommendations on a timely basis. The IMR questions whether this failure of agency officials may be CD C 0 0 N I

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