About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-194694 1 (1979-11-23)

handle is hein.gao/gaobadhtd0001 and id is 1 raw text is: DECISION FILE: THE COMPTROLLER GENERAL VP~LOOF THE UNITED STATES WASHINGTON. 0. C. 20546 B-194694 DATE: November 23, 1979 MATTER OF: Charles E. Reardon, Jr. - laim for Backpayf-'tDetail to Higher Graded Position DIGEST: 1. Employee is not entitled to retroactive temporary promotion and backpay where record indicates he was not detailed to established position classified under occupational standard to higher grade. Employee merely assumed some duties of position as outlined in his Position Description. 2. Employee must satisfy qualification requirements for temporary promotion and backpay. There- fore, employee, who did not have college degree, did not qualify for temporary promotion to Pro- fessional Engineer position under CSC regulations. Mr. Charles E. Reardon, Jr., has equested reconsideration of our Claims Division Settlement Certificate Z-2'805788 of December 19, 1978, which denied his laim for a retroactive temporary promotion and backpa Mr. Reardon was employed as a GS-11 Engineering Technician, at the Portsmouth Naval Shipyard. Portsmouth,, New Hampshire, iintil his retirement. He claims that he was detailed to a higher grade GS-12, General Engineer, position from April 1, 1973, to June 8, 1977. His claim is based on the rationale of our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), 56 Comp Gen. 427 (1977). We held therein that employees detailed to higher grade positions for more than 120 days, with- out Civil Service Commission (CSC) (now Office of Personnel Management) approval, are entitled to retroactive temporary promotions with backpay from the 121st day of the details until they are terminated. Mr. Reardon's claim was denied by the Department of the Navy on the grounds that Mr. Reardon was never detailed to the higher grade GS-12 position, nor did he perform the duties of that position. Our Claims Division agreed with the agency's determination. We also agree. Mr. Reardon, in support of his claim, has furnished a copy of the position classification for a GS-12, General Engineer. Mr. Reardon has also furnished copies of an outstanding -6 t2~

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most