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B-191413 1 (1978-05-22)

handle is hein.gao/gaobadgan0001 and id is 1 raw text is: . I & 'q 79 DECISION FILE: 3-191413 ' 04. V. aubert Civlers. VMS COMPTROLLERN UNMAL OF T6lE UNdIT3O ETATEE WA8HIlNUTON D.C. 80540 DATE: My 22, 1p MATTER OF: Patrick J. Fleming - Claim for Retroactive Compensation DIGES: Employee claim that work which he performed was psubstantially equal to'duties of higher level position. Remedy of retroactive temporary pro- motioi and backpay under decision in Turner- Caldwell is available only when employe is detailed to astablished higher level position. Peformance of work substantially equal to higher level position does not constitute detail to such position. Since employee did not prove !act of official detail, claim is denied. This action concerns a claim by Mr. Patrick J. Fleming against Is'.. employing agency, the Department of Energy (DOE), for % tempo- rary retroactive promotion and backpay. The record indicates that effectire December 19, 1Q76, Mr. Fleming was transferred from Edins, Minnesota, to Washington, D.C., as a Compliance Specialist grade CS-11. Although officially assigned to that position, Mr. Fleming conterds that from April 6, 1977, to November 30, 1977, he performed the duties equal to those of a Project Coordinator, grade GS-12. In support of his conten- tion, MW. Fleming relies on a statement made in a memorandum recom- unding that he be promoted to the grade GS-12 >oitior. That memorandum provides: In fact, he /Mr. Fleminj/ has exceeded fl-11 job requirements-'to such an extent that l.s supervisors have been able to assign him more difficult duties with greater responsi- bilities so that the attached higher grade position dcscription is a more accurate re- 1k:ction of what he does. Mr, Fleming 's c'ploying agency, however, states that 'the claimant was never officially or unofficially detailed to a grade 08-12 position. F 'rther, with regard to tne abore-quoted portion of the memorandum or. which Mr. Fleming has requested relief, Mr. John Polishuk, Director for Operaticns, Office of Personnel Management, DOE, states: - q I, I I

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