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B-191413 1 (1978-09-19)

handle is hein.gao/gaobadgiz0001 and id is 1 raw text is: I ? Mr M*,THU COMV$PT FI t LER( 3EE IAL // 73~'¾ . 1 nsm wni anae r-t DCISIDN . OF THE UNITED STATI I WABHINGTON. (J. C. 20E4 FILL. D-191413 MATTER OF: DIGEST: DATE: September i9, 1978 Patrick 0, Fleming - Retroactive Compensation Employee claims that assignment of higher level duties resulted in his performing work substanially equal to that of a higher grade position, hore claimant has not established tliat he was officially detailed to a higher grade position the general rule applies that an employee is entitled only to the salary of the position to which he has been appointed regardless of the duties he may perform, Accord.. ingly, prior decision denying claim for backpay is sustained. See Comp; Gen. decs. and courL cases cited, Thi . decision is in response O a request by Mr. Patrick J, Fleming, an employee of the Department of Energy, that we re- consider our prior decision Matter of Patrick J, Fleming, B-191413, May 22, 1978, in which we fld that Mr. Flcming was not e,.titled to a retroactivu temporary promotion and backpay for the period April 6, 1977, to November 30, 1977, Ur. Fleming contends that during the period in question he was performing the hither level duties of a Project Coordinator grade GS-12 although he was only officially appointed as a Compliance Specialiut grade GS-li. The claimant states that while he was employed as a grade GS-11 Investigator with the Federal Energy Administration (FDA) area office in Edira, Minnesota, he had applied for, a position as an Assistant Project Coordinator OG-11 in Washington, D.C., under FEA Vacancy Announcement No. 76-437, issued July 7, 1976, By leUter of November 4, 1976, Mr. Fleming was advised that he had been accepted for a reassignment in Washington as a Compliance Specialist grade 03-11, An SF-50, Notification of Personnel Action, dated December 20, 1976, shows that effective December 19, 1976, Mr. Fleming was reassiuned to a grade GS-11, Compliance Specialist position in Washington, D.C. Although he was officially assignd to a grade GS-11 Compliance Specialist position, Mr. Fleming contends that from April 6, 1977, to November 30, 1977, he performed work substantially equal to that of a Project Coordinator, grade GS-12. ~~2 I

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