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B-187847 1 (1977-01-25)

handle is hein.gao/gaobadebk0001 and id is 1 raw text is: i DECISION FILE: D-187847 MATTER OF: lb. hWbert Civ.Pers. THE COMPTrOLLEU1 GENERAL 0~ OP THE UNITFnO STATUE WAUHINOTON. 0.C. R0g41 DATE: Janary 25l W17 Walter F. Ray and Joseph D. Elam - Claim for backpay Employees claim backpay for period when they performed duties normally assigned to highr level position. Caim may not b paid since position had not been claszified to a higher grade and employee cannot be promoted to position which does not exist. Further, GAO is without jurisdiction to decide questions involv- ing classification procedures. This action is in response tn a claim dated September 16, 1476, -y Messrs. Walter F. Ray and Joseph D. Elam for backpay for a period during which they performed duties normally assigr.3d to a higher grade level. The record indicates that at all times relevant to this action the claimants were civilian employees of the Department of the Army and were assigned to the Coiamunidations Division of the Reserve Components Personnel and Arininistration Center at St. Louis, Missouri. On November 17, 1973, Mr. Ray was temp-, orarily reassigned, from his position of Military Personnel Clerk, grade 02-3, to MoEor Vehicle Operat'r, WG-5. From the 'ffctive dat Iof his renssitnment until October 31, 1974,. Mr. Ray operated a 1-tonttruck. On November 1, 1974,, he was assigned lo a 1*-ton truck which.he operated until the temporary assigumenr was ter- minated on November 16, 1975. With respect to Mr. Elam, the record indicates that he was temporarily promoted from WC-4 to Motor Vehicle Operator, WG-5, from November 17, 1973, to November 16, 1975. Vehicle dispatch records indicate that Mr. Elam had been assigned to and operated a lj-ton truck on several occasinz during that period. n On' Dcember 24,,1975, the claimants submitted to the'dom- mander' of their headquarters a grievance requesting retroactive compensation for performing the duties normally assigned to a t6tor Vohicle Operator, W-6, for the period during which they were tempora'ily assigned to the WG-5'position. As corrective actio,Mr. Ray requested $478.40 for the 1 year during which he performed duties at the WG-6 level; Mr. Elam requested $12 representing his similar duties for 5 pay periods. CID CV C ~4- I I A. DGIEET: jV I'

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