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B-188971 1 (1977-09-27)

handle is hein.gao/gaobadfez0001 and id is 1 raw text is: q0 FILE: B-188971 MATTEP DIGEBT: THE COMPTtOLLKR *ENUNAL OP THE UNITISD STATUE WA UHING1 ON. D.C. *094U 94 DATEt Deptmber 27, 137 1=: Department of Labor, Employment Training Administration--Ratroactiva Temporary Promotion Department of Labor seeks a ruling on legality of employee retroactive temporary:promotion that it effected when its intent to permanently promote and reassign a GS-3 empl6yee to a 08-4 position effective on August 4, 1975, was frustrated through improper merit, staffing procedures. Personnel actions may not be made retroactively effective absent an u: istified or unwarranted percounnel action that deprived employee of vested right. Because em- ployee had no vested right to a promotion, action was improper, howavbc, erroneous payments may be waived under 5 U.S.C. 1 5584. This action involves a request from Mr. Albert J. Arigebranndt, Adatistrator, Administration and Management, Employment and Training Administration (ETA), Department of Labor, Washington, D.C., for a ruling on the legality of a retroactive temporary promotion that ETA made on September 24, 1975, retroactive to August 4, 1975. The lgality of the retroactive temporary promotion was originally questioned by the Civil ervice Com- mission (CSC) in its report on a review 3f ETA merit staffing actions in which it advised ZTA to obtain a determination fr:m this Office. The factual situation of the case is relatively uncomplicated. Tn;oarly June 1975, a certain ETA office requested the personnel office to fill an entry level grade GS-4 clerical position. Several applidations for the position were referred to that office for review, which resulted in the selection of a grade GS-3 employee. The Persbinnel Specialist who was servicing the request, reviewed the applications to insure that qualification requirements had been satisfied and then contactcd the employee's office and negotiated 2 release date of August 4, 1975. This action was erroneous in thaz agency merit staffing procedures had not been complied virch as required by regulations. The error, however, L Li M I I

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