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

B-196824 1 (1980-05-12)

handle is hein.gao/gaobadigd0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON, D.C. 20548 FILE: B-196824 DATE: May 12, 1980 MATTER OF: Connon R. Odom -(Position Classification Appeal7- Retroactive Temporary Promotion and Backpay DIGEST: (1) Employee claims retroactive promotion and backpay for period from March 6, 1972, through June 26, 1976, for performing duties of higher-graded position. However, position was never established and clas- sified at higher grade than employee's official position. Employee is entitled only to pay of position held, regardless of duties performed until position is classified to higher grade and he is appointed to reclassified position. See United States v. Testan, 424 U.S. 392 (1976) and Comptroller General decisions cited. (2) Statutory authority to establish ap- propriate classification standards and to allocate positions subject to the General Schedule rests with the agency concerned and the Office of Personnel Management. Thus, matters relating to allegations of improper position clas- sification are for employing agency and Office of Personnel Management, not GAO, and GAO has no authority to award backpay to employee for period of erroneous clas- sification of his position. (3) Remedy provided by our Turner-Caldwell line of cases is precluded where record does not support a finding that employee was detailed to an established classified higher-grade position.- This action is in response to a letter with en- closures dated October 5, 1979, from Mr. Connon R. Odom, a civilian employee of the Department of the Army, con- cerning his entitlement to a retroactive temporary promotion and backpay incident to his employment during the period from March 6, 1972, through June 26, 1976. 4V A

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