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B-195465 1 (1979-09-17)

handle is hein.gao/gaobadhpn0001 and id is 1 raw text is: q14- 2..7 C ~ .THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-195465 DATE: September 17, 1979 MATTER OF: Brutus J. Brown - etroactive Promotion and Backpay DIGEST: Employee of the Charleston Naval Shipyard, who claimed a retroactive promotion and backpay for period before his position was reclassified, is not entitled to payment. General rule is that even though position is reclassified to a higher grade, the employee is not entitled to additional compensation until he is promoted to the higher grade. See cited decisions. ISSUE DECIDED An employee whose position is reclassified to a higher grade is not entitled to a retroactive promotion and backpay for the time he was performing the same duties before the reclassification. The general rule is that even though a position is reclassified to a higher grade, the employee's entitlement to the higher salary does not commence until he is actually promoted to the reclassified position. FACTS Mr. Brutus J. Brown, an employee of the Charleston Naval Shipyard, on September 17, 1977, requested that his position of Laborer Foreman, WS-35-002-03, be reclassified as he was performing duties and supervising personnel at a higher level than was provided for in his job description. The position was reclassified and Mr. Brown was promoted to the position of Equipment Cleaner Foreman, WS-70-009-04, effective July 2, 1978. On August 21, 1978, Mr. Brown requested a retroactive temporary promotion and backpay from December 16, 1975, until the date of his promotion, July 2, 1978. His claim was administratively denied on January 17, 1979, as no officially established and classified higher grade position existed during the time of Mr. Brown's claim. On January 18, 1979, Mr. Brown forwarded his claim to our Claims Division. The claim was disallowed by Certificate

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