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

B-194896 1 (1979-12-11)

handle is hein.gao/gaobadhue0001 and id is 1 raw text is: DECISIol FILE: THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D. C. 20546 UNuTt~ B-194896 DATE: December 11, 1979 MATTER OF: Herbert T. Fenton URetroactive Promotion and Backpay DIGEST: Employee who states he was detailed to higher grade position is not entitled to retroactive tem- porary promotion to higher grade and backpay. There is conflict of evidence as to whether he was detailed to higher grade position. If he was not detailed he is not entitled to backpay since his position was not reclassified upward. If he was detailed, he would not be entitled to temporary promotion because he did not meet civil service qualification standards (experience requirements) for position. This decision responds to the request of Herbert T. Fenton for reconsideration of his claim for a retroactive temporary promotion with backpay denied by our Claims Division in its Settlement Certificate No. Z-2639580, April 12, 1979. On March 12, 1972, Mr. Fenton, employed as an Appraiser, GS-9, step 3, in the Detroit Area Office, Department of Housing 1 and Urban Developnfent (HUD) was detailed to unclassified duties to assist in the implementation of cost procedures in the Cost Evaluation Section of the same office. Although Mr. Fenton's temporary detail specified that it was not to exceed 120 days, he continued to serve under that assignment until July 8, 1973, when he was reassigned from his position as Appraiser, GS-9, step 4, to Construction Analyst, GS-9, step 4, in the same section in which he was serving his detail. Mr. Fenton was later pro- moted to grade GS-11 on November 25, 1973. It should be noted that an extension of time for this detail beyond 120 days required by subchapter 8-4f, chapter 300 of the Federal Personnel Manual (FPM), was not requested. Mr. Fenton's claim was denied by HUD because the detail was to unclassified duties and Mr. Fenton did not meet the qualification requirements for a temporary promotion to Construction Analyst, GS-11, under Federal Personnel Manual, Chapter 338, Qualification Requirements, and United States Civil Service Commission Handbook X-118 Qualification Stand- ards for Construction Analyst, GS-828-11. Further, it was felt that a promotion would violate merit staffing policies in that I I7 _ I 110S-1

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