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B-192514 1 (1978-10-16)

handle is hein.gao/gaobadglv0001 and id is 1 raw text is: 09 1g1IgON I ~ ~ Si 'N\*% I ~ TME COMPTPLLER ENURAl ,4')- OP THU UNITED STATES WASHINSTON, D.C. ROCH FILE: B-192514 DATE: Ooter , 178 MATTER OF: Mr. Armand J. Richard DIGEST: Where an employee performs anties that, if classified or graded, would be of a higher grade than the position he occupies, no right to incre&sed pay exibts, unless. and until those duties are placed in an established and officially approved pcsition at a higher grade or pay level, and th& employee io appointed to that porition. This action is, in, response to 4kletter dated July 12, 1978, from Mr. Armand J. Pidhard, an emiployee at the PorLsTiotith'Aaval Slifpyard, PortazRuth, New LT'mpShire 03001, coricetnig his entitler-ent to a retroactive tethporary promotion and backpay Licident to his employment at the shipyard for the period June 1976 through June 1977. The matter of this claim was the subject of a settlement by our Claims Division dated June 27, 1978, which disallowed the claim,on the basis that while Mr. Riiard may have' performed duties which if properly graded watild have been placed in a higher gradc, since there was no established positior' for those duties at such higher grade, no substantive right to additional pay for the pertod accrued. The file in the employee's case shows that he was employed at the Portsmouth Naval Shipyard as a Shop 51 Electrician, with a position graded as WC,-10. Apparently, during the period in question he was asked to and performed duties, which in the final analysis would ordinarily be performed by an employee at a higher grade. In May 1977,. in agparent recognition that the duties being per- forhmed were not fincluded in the clainriant's position, the employee soujht to have the worktgkaded as a Shop Planner. Since ne had been performing those duti;a since June 1976, he claimed pay at'a higher grade retroactive to that time. In response to his request, by memofandum dated June 9, 1977, the employee was advised in par -as follows: The Wage and Classification Division has reviewed your assigned duties and has concluded that you are indeed misassigned, since you now perform none of the - i - i j

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