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B-190408 1 (1977-12-21)

handle is hein.gao/gaobadfjt0001 and id is 1 raw text is: To MATTER OF DIGEST: I Ii DATE: December 21, 1977 Janice Levy - Arbitration Award of Retroactive Promotion and Backpay 1. Where promotion of employee in career ladder position was delayed because original promotion request submitted by supervisor was lost in mails, agency may not comply with arbitration award of retroactive promotion and backpay. Original promotion request was lost prior to approval of promotion by authorized official and hence the delay in processing does not constitute such administrative error as will support retroactive promotion. Further, em- ployee had no vested right to promo- tion effective the same date as other employees in same career lIdder program. 2. Award of retroactive promotion and backpay may not be sustained based on arbitrator's finding that employee would have been promoted March 28 but for loss of promotion request and that such loss constituted violation of collective bargaining agreement pro- vision incorporating principle of equal pay for equal work. Retroactive pro- motion is appropriate where delay or failure to promote violates nondis- cretionary agency regulation, policy or collective bargaining agreement provision, or a right granted by statute. Arbitrator did not and, in fact, could not, find that principle of equal pay Tor equal work mandates career ladder promotion at a specific date. The Department of Health, Education, and Welfare (HEW) has requested a decision concerning its authority to implement an ar- bitration award of retroactive promotion and backpay to Ms. Janice Levy. The award was granted by the arbitrator as a remedy for _ _2 DECISION \ E COMPTROLLER GEN&AAL .7' iOF THE UITED STATEN iWASHINGTON. D.C. 20540 B-190408 FILE: I

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