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B-197394 1 (1980-10-09)

handle is hein.gao/gaobadipr0001 and id is 1 raw text is: I ~ ~,THE COMPTROLLER GENERAL DECISION.. OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-197394 DATE: October 9, 1980 MATTER OF: Alyse Rebel, et al. etroactive Promotions and BackpayI DIGEST: Twelve Social Security Administration employees claim retroactive promotions and backpay where career-ladder promotions were delayed by agency because Civil Service Commission questioned classification of higher-graded positions. Claims are denied since agency acted properly in view of Commission's final authority over position classification and delay did not violate any nondiscretionary policy to promote. Evidence of disparity in treatment of em- ployees does not, by itself, entitle employees to retroactive promotions. This decision is in response to appeals by 12 employees of the Bureau of Hearings and Appeals (BHA), Social Security Administration (SSA), Dallas Field Office, Region VI, Department of Health, Education, and Welfare (HEW), of our Claims Division settlements denying their substantially similar claims for retro- active promotions and backpay. The employees have designated the American Federation of Government Em- ployees (AFGE) as their representative in this matter. Two of these employees occupied grade GS-4 clerical positions and 10 were grade GS-7 Hearing Assistants. During the period from late 1975 until early 1977 their promotions to grades GS-5 or GS-8 were delayed pending completion of a review of classification of their posi- tions. It appears that in early 1975, 79 BHA employees in Region VI, including 4 of the 12 claimants in this case, filed classification appeals with the Civil Service Commission (CSC) challenging the classification of Hearing Assistant and clerical positions in the Bureau of Hearings and Appeals. The CSC Dallas regional office conducted a study of the involved positions in various field offices in the region and in early August 1975 advised the HEW regional 4:: 1

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