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B-193959 1 (1979-09-21)

handle is hein.gao/gaobadhqb0001 and id is 1 raw text is: V - - .. - -~ ~ - -~ 4 I I/i DECISION FILE: B-193959 THE COMPTROLLER GENERAL . ~ -. OF THE UNITED STATES 0 WASHINGTON. 0.C. 20548 IT 'fo 11Y6rZ ' DATE: September 21, 1979 I I I I~~' A MATTER OF: William L. Hurt and Walter Hayward DIGEST: Excepted service wage system employees with.veterans readjustment appointments on intermittent basis may receive temporary promotions and backpay under Turner- Caldwell decisions for overlong details to higher grade General Schedule positions in competitive service if details were part of documented training programs. Civil Service Commission held prior approval by it was not necessary under such programs and 5 C.F.R. § 307.106 permits promotion of such employees who meet qualifi- cation standards. Also, General Schedule and wage system employees should be treated in like manner. Temporary promotions and backpay would commence on 121st calendar day of intermittent details, not 121st workday. V ,sJ Janice K. Mendenhall, Controller-Director of Administration, General Services Administration (GSA), has requested an advance decision concerning the claims of William L. Hurt and Walter Hayward to retroactive temporary promotions and backpay based upon details to higher-level positions for periods of more than 120 days. Both claimants received wage board veterans readjustment appoint- ments in the excepted service and were detailed to higher grade positions in the competive service. Also, Mr. Hurt was employed on an intermittent basis. The Controller-Director asks these specific questions concerning the claims: 1. Was our intent in the Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 id. 427 (1977), to allow such employees retro- active temporary promotions and backpay beginning with the 121st day of the detail if approval had not been obtained from the Civil Service Commission (CSC) to extend the detail? 2. If the answer to question 1 is affirmative, are General Schedule and wage system employees treated in a like manner? 3. Does the 120-day period of an allowable detail permitted by the Federal Personnel Manual, Chapter 300, mean calendar days so that an intermittent employee would be entitled to backpay on the 121st calendar day of an overlong detail?

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