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B-195154 1 (1980-04-23)

handle is hein.gao/gaobadifb0001 and id is 1 raw text is: o ~ -,THM COMP'TRLLAER OEN~ERAL WASHINGTON. D.C. 20548 FILE: B-195154 DATE: April 23, 1980 MATTER OF: Irving Zuckerman -Faims for Retroactive Temporary Promotion w44A--a-pay and Compe sation for Time IGEST: Away from Permanent Duty Station 1. Employee, GS-11 who was granted temporary promotion with backpay from February 11, 1974, to April 29, 1974, to GS-12 claims additional pay on ground that under Turner-Caldwell, 56 Comp. Gen. 427 (1976), his detail began June 10, 1973, not October 11, 1973. Claim is disallowed since entitlement to temporary promotion with backpay under Turner-Caldwell does not begin until 121st day of detail to establish higher-grade position and GS-12 position was not established until October 11, 1973. 2. Employee claims compensation for non-work hours while away from permanent duty station on temporary assignment on ground that he was unable to return to his home during temporary duty assignment. Employee has no entitlement since 5 U. S. C. § 5542(b)(2)(B) (1976) provides that time in travel status from official duty station of employee is not hours of employment unless travel involves work, travel under arduous conditions, or results from administratively uncontrollable event, and none of those factors are present. This action concerns the appeal of Mr. Irving Zuckerman, a Supervisory Consumer Safety Officer employed by the U. S. Consumer Product Safety Commission, from the disallowance of his claims for additional backpay and for compensation for time spent on temporary assignment in other than a work status. The first claim, filed with the agency in 1975, requested backpay for a detail to a higher-graded position than the GS-11 position that Mr. Zuckerman occupied from June 10, 1973, until April 29, 1974. The agency agreed that Mr. Zuckerman was due a temporary promotion retroactive to February 11, 1974, rather than to June 10, 1973, as

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