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B-192556 1 (1978-12-04)

handle is hein.gao/gaobadgto0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, . C. 20549 B-192556 MATTER OF: DIGEST: DATE: December 4, 1978 William Wilder-5Arbitration Award of Retroactive Promotion and Backpay DJmployee, who had been employed in, a1 grade GS-5 position for 8 months, did not receiveopromotion in career-ladder position until 13 other tjainees were promoted after 1 year ingareer-ladder position.nt itrator awarded promotion with backpay retroactive to date employee received within-grade increase in grade GS-5. Award, which is based upon violation of provision requiring equal opportunity in promotion program, may not be implemented since absence of nondiscretionary agency policy requiring promotion will not support award of retroactive promotion with backpay. This action is in response to a request from the Federal Labor Relations Council, dated July 26, 1978, for an advance decision concerninq the legality of implementing the backpay award of an arbitrator in the matter of American Federation of Government Employees, Local 1760 and Northeastern Program Service Center (TfT, Arbitrator), FLRC No. 77A-31. The arbltrator found that the agency, the Social Security Administration (SSA), was not justified in delaying the career-ladder promotion of an employee, Mr. William Wilder, and the arbitrator awarded him a retroactive promotion with backpay. The FLRC had initially, on August 26, 1977, denied the agency's petition for review of the award because it failed to meet the FLRC's requirements for review set forth in 5 C.F.R. § 2411.32. Subsequent to the FLRC's denial of review, we issued a decision in Janice Levy, B-190408, December 21, 1977, in which we invalidated an arbitrator's award of a retroactive promotion made under similar circumstances. Based on that decision, the SSA asked the FLRC to reconsider its denial of review in the present case. The FLRC granted the agency's reouest for reconsideration and accepted its petition for review of the arbitrator's FILE:

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