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B-194062 1 (1979-06-06)

handle is hein.gao/gaobadhha0001 and id is 1 raw text is: 



                      _. THE COMPTROLLER GENERAL
  DECISION                     OF   THE    UNITED      STATES
                               WASHINGTO-N, D.C. 20548




  FILE: B-194062                     DATE:   June 0, 1979

  MATTER OF: Lillian T. Levandoski - Retroactive   temporary
                 promotion

  DIGEST:   Employee assigned some duties of abolished higher-
            grade position is not entitled to retroactive tem- '
            porary promotion since she did not perform higher-
            grade duties of classified, established position )


      Mr. -Alfred M. Zuck, Assistant Secretary fos dministration
 and Management, U.S. Department of Labor,  uest   our deci-
 sion on the claim of Lillian T. Levandoski, who believes she
 is entitled to a retroactive temporary promotion for an assign-
 ment to a position at a higher grade.

      The issue is whether Ms. Levandoski actually performed all
 essential duties and responsibilities of an established position
 at a grade level higher than she was paid.

      Ms. Levandoski was a Supervisory General Clerk, at grade
 level GS-5 in the Wilkes-Barre, Pennsylvania, office of the
 U.S. Mining Enforcement andSafety Administration, Department
 of the Interior (now Department of Labor). She states that
 during 1975, her supervisor, the District Manager in the
 Wilkes-Barre office, informed her that she would perform the
 duties of the position titled Administrative Officer, GS-341-9,
 which was then vacant. She claims to have been assigned all
 of the duties of that position from then until March 18, 1977.

      However, the file contains a memorandum dated June 30,
 1976, from the supervisor to Ms. Levandoski and another employee
 saying:

      * * * I am requesting that each of you assist
      in implementing some of the duties of this position
      [Administrative Assistant] on a bi-monthly basis.
      (Underlining and parentheses added.)

Significantly, the supervisor stated that some rather than all
of the duties of the Administrative Officer position would be
performed by Ms. Levandoski and a fellow employee. The record

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