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B-191369 1 (1978-04-03)

handle is hein.gao/gaobadfve0001 and id is 1 raw text is: CECISICN FILE: B-19 MelATTER Ol DIGEST: ,A D. Agnaarian THE COMPTROLLER GENERAL J'z2A .) OF THE LNITED STATES VA WASHNNGTON , nD. C. 205 4B8 1369 DATE: April 3, .973 Francis J. McGrath - Claim for Backpay for Period of Erroneous Classification Under the General Schedule Employee of Smithsonian Institution occupied position which the Ciil Service Commission determined was erroneously included in the General Schedule and Commissizn instructed agency to classify position under Federal Wage System. Employee seeks backpay for period of erroneous classification. Claim may not be allowed as civil service regulations provide for retroactive effective date for claaoification only when there is a timely Rppeal which results in the reversal, in whole or in part, of a downgrading or other classification action which had resulted in the reduction of pay. See 5 C.FP.R. 511.703; 5 C.F.R. 532.702(b)(9). This decision concerns a claim by Mr. Francis J. McGrath for retroactive classification and accompanying backpay in connection with his employment with the Smithsonian Institution as a Planner Estimator. The record shows that Mr. McGrath was employea in the Office of Plant Services, Management Services Division, Work Coordination Branch, as a Planner Estimator grade GS-302-9. By letter dated September 30, 1976, Mr. McGrath appealed his classification to the U.S. Civil Service Commission (Commission). UC. also note that on October 22, 1976, a group of Planner Estimators, including Mr. McGrath, sent a memorandum to the Chief, lanagement Services Division, of the Smithsonian, requesting that their Planner Estimator positions be reclassified' from the General Schedule to the Federal Wage System. ' Upon an examination of the duties and responsibilities of Mr. McGrath's puition, on March 18, 1977, the Classification Appeal Office of the Commission issued a Classification Appeal Decision which held that Mr. McGrath's position was exempt from the General Schedule classification system under 5 U.S.C. 5102(c)(7) and that the position was properly classifiable under the Federal Wage System. Since the Commission's regulations set forth zt 5 C.F.R. 532.703(a) do not provide that the Commission can render a clan.- sification decision as to grade under the Federal Wage System where the agency has not classified the position, the Commission remanded Mr. McCath's case to the Smith.onian Institution for a L17 F I O

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