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B-194747 1 (1980-03-12)

handle is hein.gao/gaobadibv0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION ~OF THE UNITED BTATES v VASHINGTON, D.C. 20548 FILE: B-194747 DATE: Mar h 12, 1980 MATTER OF: Jewel Maxwell, Jr. etroactive Temporary Promotion DIGEST: Even if true, employee's claim that he supervised higher grade personnel does not entitle him to a retroactive temporary promotion and backpay in the absence of evidence establishing that he was de- tailed to a position established and classified at a higher grade level. This action involves an appeal of the March 15, 1979, decision of our Claims Division which denied the request of Mr. Jewel Maxwell, Jr. for a retroactive temporary promotion and backpay. Mr. Maxwell held the positions of Engine Disassembler Leader, WL-5, and Engine Disassembler Foreman, WS-5, during the periods for which he claims backpay. His duties included administrative coordi- nation and supervision. Mr. Maxwell states that he supervised WG-8 and WG-10 personnel, and that this supervision entitles him to backpay at the WL-7 and WS-9 levels. There is some dispute in the record as to whether Mr. Maxwell actually did supervise these em- ployees. However, it is not necessary to our decision to resolve this dispute. This Office has held that an employee detailed to a higher grade position for more than 120 days, without prior Civil Service Commission approval, is entitled to a retroactive temporary promo- tion if certain conditions-are met. Matter of Turner-Caldwell, 55 Comp. Gen. 539 (1975) affirmed 56 id. 427 (1977). This remedy is only available, however, when the employee is actually detailed to a higher level position. A detail does not occur merely through an employee's performance of certain duties, but requires assignment of the employee to a particular position. . Mr. Maxwell does not claim that he was detailed to a higher level position at either WL-7 or WS-9 and, in fact the record fails to indicate that positions classified at those grade levels had been established for more than 120 days during any of the three periods covered by his claim. Instead, he bases his claim on the assumption that an employee who performs duties that would ordinarily be per- formed by an employee classified at a higher grade is entitled to

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