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B-195253 1 (1980-01-08)

handle is hein.gao/gaobadhvt0001 and id is 1 raw text is: p THE COMPTROLLER GENERAL DECISION . I OF THE UNITED STATES WASHINGTON, D.C. 20548 UJNITE FILE: B-195253 OATE:January 8, 1980 MATTER OF: Bernard E. St. Louis -[Claim for Backpay for Extended Detail DIGEST: Department of the Army employee claims retroactive 4a. D promotion and backpay while performing higher level duties in view of Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). Employee has no entitlement to backpay since detail was not to established position-clas- sified at higher grade, and in absence of detail to such position, claim is for wrongful classification for which backpay may not be allowed. United States v. Testan, 424 U.S. 392 (1976). This decision is in response to the appeal by Mr. Bernard E. St. Louis of our Claims Division settlement denying his claim for a retroactive temporary promotion and backpay incident to an ex- tended detail from GS-9 to GS-11. The issue presented for our decision is whether Mr. St. Louis is entitled to a retroactive promotion under our Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975), affirmed at 56 id. 427 (1977). Mr. St. Louis claims that while he was employed by the Department of the Army he performed duties outside of his position description for the period from February 6, 1976, to September 9, 1977. Our Claims Division settlement denied his claim on the ground that he was not detailed to an established position clas- sified at a higher grade, as required by later Comptroller General decisions and Civil Service Commission Bulletin No. 300-40, May 15, 1977. Mr. St. Louis argues that to require the existence of an established position is to deny any remedy to an employee assigned to a job or to duties where there is no established position. In his letter of appeal Mr. St. Louis also claims he was verbally detailed to an abolished position for the period from January 31, 1978, to November 27, 1978, for which he also seeks a retroactive temporary promotion to grade GS-11 and backpay. Our Office has held that where an employee is detailed to a higher grade position and the agency fails to seek Civil Service Commission (now Office of Personnel Management) approval to extend the detail for a period beyond 120 days, the agency must award the e 7 n --) / I I 1? l

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