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B-194146 1 (1979-03-30)

handle is hein.gao/gaobadhay0001 and id is 1 raw text is: DECISION 4 4THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON, 0. C. 20549 FILE: B-194146 1.- OATE:March 30, 1979 MATTER OF: Leroy WilliamL- Retroactive temporary promotion DIGEST: An Air Force employee's position (Materials Expediter, WG-05) was audited but not reclas- sified to a higher grade although the employee considered he was performing at the WG-07 level. There is no entitlement to a retro- active temporary promotion, regardless of whether or not the employee performed the higher level duties, since no position was officially established and classified at grade level WG-07. This responds to the appeal of Leroy Williams whose claim for a retroactive temporary promotion based upon assignment of higher grade duties was denied by our Claims Division's Settlement Certificate No. Z-2788045, September 13, 1978. The issue is whether Mr. Williams, a former employee of the Air Force, was assigned to the duties of a position established and clas- sifiedat a higher grade than his official position. Mr. Williams' position at Robins Air Force Base, Georgia, was Parts and Equipment Cleaner,WG-5417-05. As a result of a position audit on June 12, 1975, this position was cancelled, and on August 31, 1975, Mr. Williams was reassigned to the newly established position of Materials Expediter, WG-6705-05. Although in August 1977 Mr. Williams believed he was performing the duties of a Materials Expediter at grade 07, a position audit at that time confirmed that the position was correctly classified at grade level WG-05. Never- theless, he bases his claim for a retroactive temporary promotion on his duties that he considered to be Materials Expediter, WG-07, between August 31, 1975, and September 14, 1977. Under Comptroller General decision Joseph Fortuna, B-193522, January 30, 1979, and Civil Service Commission Bulletin No. 300-40, issued May 25, 1977, there must be an officially established position at the higher grade level in order to be entitled to a retroactive temporary promotion. This rule holds true even though the employee may have been required to perform higher level duties. In the present case, the WG-05 position occupied by Mr. Williams was never classified at a higher grade after the position audit, and there was no position established and classified-at grade level WG-07.

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