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B-189492 1 (1978-02-14)

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                         THE COMPTYPILLP  ERAL
DECISION    Z. a THE UniTEr   IATUE
                         WARHINLTON, C.'-. 20548


B-189492


DATE:  February 14, 19T8


!ATTE-  OF:   Shermdn f. Blosser - Retroactive Promotion


3IG.ST:


Employee claims retroactive promotion
and backpay from grade WS-17 to GS-14
while serving as Assistant Division
Chief, Technical Facilities Division,
Aero Propulsion Laboratory. Position
was never established and classified
at higher grade than employee's
official position. Employee is entitled
only to pay oi position held, regardless
of duties performed until position
is classified to higher grade and he
is appointed to reclassified position.
Therefore, employee is not entitled
to retroactive promotion and backpay.


     This action concerns an appeal from Certificate of
Settlement No. Z-2639298, May 19, 1977, which disallowed
the claim of Mr. Sherman W. Blosser for a retroactive
temporary promotion and backpay between grades WS-17 and
GS-14 from July 1, 1972, until July 30, 1975. Mr. Blosser
retired from Federal service on August 31, 1976. Between
July 31, 1975, and August 31, 1976, Mr. Blooser was on
sick Leave pending a disability retirement.

     The record shows that from March 1971 until his
retirement Mr. Blosser's official position was Experi-
mental Aircraft Engine Tester, General Foreman, WS-17, at
the Technical Facilities Division of the Air Force Aero
Propulzion Laboratory, Wriqht-Patterson Air Force Base, Ohio.
From July 1, !972,, until July 30, 1975, Mr. Blosser served
as Acting Assistant Division Chief ot the Technical Facilities
Division. The Aero Propulsion Laboratory requested that this
position he classified at grade GS-14 or GS-15. However, the
Civilian Personnel Division at Wright-Patterson Air Force
Base determined that the position classified as a Facilities
and Eruipment Manager, JS-12.  The Laboratory elected not to
fill the position at said classificatinn, and Nr. Blosser
continued to act as Assistant Division Chief while holding
the posit½:s. o! General Foreman, WS-17.

     After Mr. Blosser left duty status on July 30. 1975, a new
position, that of Supervisory Aerospace Engineer, GS-14, was


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