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B-196695 1 (1980-04-14)

handle is hein.gao/gaobadiek0001 and id is 1 raw text is: TECOMPTROLLER GENERAL DECSIC . '~ OF THE UNITED STATES WAS H IN G TO N D.C. 90548 ott FILE: B-196695 DATE: April 14, 1980 MATTER OF: Jeremias Archuleta - Retroactive Promotion under Turner-Caldwell for ERDA (AEC) Employees OIGEST:Employee of AEC and its successor, ERDA, appeals disallowance of claim based on Turner-Caldwell decisions for retroactive promotion and backpay. Claim is denied as AEC and ERDA, the employing agencies, were excepted from competitive service as well as from General Schedule and thus were not subject to the detail provisions of subchapter 8, chapter 300 of the Federal Personnel Manual. For this reason and because AEC and ERDA did not have a nondiscretionary agency policy limiting details or requiring temporary promotion after a specified period of detail, the remedy of retroactive temporary promotion with backpay is not available. In a letter dated September 13, 1979, Mr. Jeremias Archuleta requested reconsideration of Certificate of Settlement No. Z-2815159, issued July 31, 1979, which denied his claim for a retro- active promotion and backpay based on our Turner- Caldwell decisions, 55 Comp. Gen. 539 (1975) and 56 Comp. Gen. 427 (1977). We have considered his letter to constitute an appeal of that action, and this decision is the result of that appeal. The record shows that Mr. Archuleta, a GG-6 Security Inspector, at the Atomic Energy Commission (AEC) in Los Alamos, New Mexico, was assigned the duties of Operations Sergeant, a GG-7 position, on July 19, 1973. This assignment continued until August 31, 1975, when Mr. Archuleta was promoted to a GG-7 position. On January 19, 1975, while assigned to the GG-7 position, Mr. Archuleta became an employee of the Energy Research and Development Administration (ERDA), as a result of the Energy Reorganization Act of 1974, Public Law 93-438. For the record we note that since

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