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B-191266 1 (1978-06-12)

handle is hein.gao/gaobadgcq0001 and id is 1 raw text is: L -7'1 -g N , THIE COMPTROLLER CENER!AL A' DECISION or- THE UNJITED *TATE WAS0H I NGTO0N. O. C. 005410 FILE: -8-191266 MATTER DIGEST: DATE: June 12, 1976 OF: Roy F. Ross and Everett A. Squire-- Arbitration Award of Temporary Promotions for Higher Level Duties Arbitrator awarded backpay to two employees based on provision in negotiated agreement requiring a temporary promotion when an employee is assigned to higher grade position for 30 or more consecutive work days. Award may be implemented since arbitrator reasonably concluded that agency violated agreement in assigning higher grAde duties to grievants for over 30 days. Award is consistent with prior GAO decisions an does not conflict with rule against retroactive entitlements for classification errors. . This action involves a request by the Federal Labor Relatibns Council, dated February 7, 1978, for an advance decision as to the legality of implementing the backpay award of an arbitrator in the matter of Internal.:Revenue Service .Tacksonville' District and:=National Treasury kmpoyees`union, Florida Joint Council (Russell.A. Smith, Arbitrator), FLRC No. 77A-97. The arbitrator found that the agency (IRS) had violated its collective bargaining agreement with the union (NTED) in failing to temporarily promote the two grievants during their assignments to higher grade duties, and he awarded them backpay as a remedy. This case is before the Federal Labor Relations Council as a result of a petition for review filed by the agency alleging that the award violates applicable laws and regulations. BACKGROUND The background of this case, as presented in the arbitrator's award and opinion dated July 21, 1977, is as follows. The grievants, Roy F. Ross and Everett A. Squire, were employed as Revenue Officers, grade GS-9, by the Internal Revenue Service Jacksonville District, and were assigned to the Collection Division in the IRS office in St. Petersburg, Florida. The principal duties of a Revenue Officer in the Collection Division are to arrange for the collection of delinquent taxes and to secure delinquent returns. Each case is assigned a ) F> N \ I

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