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B-192295 1 (1978-11-01)

handle is hein.gao/gaobadgnt0001 and id is 1 raw text is: I V sm - - I I 'V 4 THE COMPTROLLEN SENERAL CIECISION . OF VME UNITrDR TATUS WASHINGTON. 0. V. SO005 45 B-192295 DATE: November 1, 1978 S MATTER OF:C ouglas C. Butler - Retroactive Promzotion Employee grieved due to delay. in processing promotion-Iapers. Grievance Examiner found that although promotion papers readhed personnel office and were adteJ upon by classificatiori officets prior to beginning of .iewvpay period, tgrievant's pipers wire not apoived by Paisvnnel Officer until after beginning of new pay period. Grievanco Examiner corciddd that classification officer acted for Personnel Officer aid ordered retroactive pombtlon. Award may not be implemented since agency regulations delegate authority to approve promotions to Personnel Officer and he has not further delegated that authority in writing. This itiio,. is at he recuest of Leonard L.,Nohme. Director, Office of FInance, U.S. Patent and Trademark Office, Department of Commerce, for an advance decision concerning their authority to implement a grievance decision awarding a retroactive promotion to an employee of that office, Douglas C. Butler. Nri: Butler was 'one o! three employees who were recommended for promotion to qrade GS-13 Patent Examiner. While thir prermotion papers were loggedin thePecaonnel Office on 'The same day, the effective dates of the promotions varied in that one was effective 'on January 16, 1977, and the other two were effective on January 30, 1977. The two employees whose promotions were made effective on.January 30, 1977, filed grievances to have the effective datez made rutroactive to January 16, 1977. In a Decision on Formal Grievance dated March 29, 1970, the Deciding Official, the Deputy Assistant Commissioner for Patents, decided in favor of Mr. Butler. The essential portion of his decision is set forth below: Under the circumstances of this case, I agree with the Grievance Examner that the approval of the promotion by Che classification W V I /%7?,Or, - - / FILE: DIGEST: I J,

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