About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-190648 1 (1978-06-16)

handle is hein.gao/gaobadgcw0001 and id is 1 raw text is: I ODICISION FILE: B-19O648 MATTER OF: DIGEST: I .Ii THE COMPTOLLrSR WENEPAL &,.. ?. 0 ).OFTHE UNITBUD STATESI VJABHIIJGTCJN, D.C. 20L540 I4 lit--- DATE: Jue 1E 1978 Michael H. Telfer - Request for reconsideration of retroactive promotion and backpay Federal Aviation Adrinisttition employee claims retroactive promotion with backpay for period of alleged higher level duttes. Claimazt has no entitlemeht under Turner- Caldwell detail decisions because he did not meet time-in-grade requirements for temporary promotion. Moreover, as Supreme Court held In United States v. Testan, 424 U.S. 392 (1976), neither the Classification Act, 5 U.S.C. 5101-5115 (1970) nor the Back Pay Act, i U.S.C. 5596 (197) creates a right to backpay for period of wrongful position classification. This action concerns the claini of Mr. Michael II. Telfer for backpay on the basis of alleged entitlement to retroactive promotion and accompanryingbackpay for the period May 19, 1972, to the present. Mr. Telfer has appealed our Claims Division settlement. dated August 17, 1977, disallowing his claim. The rccord shows that during the period in question the claimant was promoted to the position of air traffic controller, GS-11 on November 14, 1971, and was promoted to CS-12 on November 26, 1972., Mr. Telfer nlleges that beginning on May 19, 1972, he was performing GS-12 duties and began performing CS-13 duties on June 9, 1972. He states that he was promoted U' CS-13 in December 1973. Mr. Telfer's claim was denied by the Federal Aviation Admin- istration and by our Claims Division on the basis thatl he was not eligible for promotion to GS-12 any earlic:r than the date his promotion did become effective because of the requirements of the Whitten Amendment, 5 t.S.C. 3101, note, which mandates that an eraployee serve at least ohne year in grade before being promoted. Mr. Telfer appeals this determination 3n tLe basis that the Whitten Amendment requirement is not consistent with our dezision EVerett Turner and David L. Caldwell, 55 Comp. Gen. 539 (1975), which alluwed retroactive temporary'promotions with backpay for employees detailed to higher grade positions i excess of 120 days wlLhout prior approval of the extension by the Civil ServiceL CounqIission. . i I.- '4 I r I 0 I It' 1~ LI I I K, \

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most