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B-186758 1 (1980-11-03)

handle is hein.gao/gaobadiqy0001 and id is 1 raw text is: C ~ -2 - ~ THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASH INGTO N, D.C. 20546 FILE: B-186758 MATTER DIGEST: DATE: November 3, 1960 OF: Keith A. Baker - ntitlement to Retroactive Promotioj Civilian employee made claim for retroactive promotion and backpay 0 the basis that the position he was serving in was reclassified to higher-grade level on February 1, 1977, and that the dministrative office failed to act timely. When position is reclassified to higher gra'e, agency must within reason- able time after the date of final position reqlassification either promote the incum- bent, if qualified, or remove him. Reason- able time expires at beginning of fourth pay period after reclassification. See 53 Comp. Gen. 216 (1973). Employee is entitled to be retroactively promoted to March 27, 1977, the beginning of the fourth pay period after February 1, 1977, and to receive backpay for the salary differential to April 10, 1977, when he received the promotion. By letter of June 8, 1979, Thomas M. King, Director of the Division of Office of the Secretary Personnel, Department of Health, Education and Welfare (HEW), requested a decision as to whether an employee who received his promotion later than the date of reclas- sification of his position is entitled to a retroac- tive promotion and, if so, what the effective date of the promotion is. For the reasons that follow, the grievant is entitled to a retroactive promotion and that promotion is to be effective as of the beginning of the fourth pay period after the date of the position reclassification. The question arose when Mr. Keith A. Baker, an employee of HEW, filed a grievance concerning the length of time it took the Personnel Office of the Office of the Secretary to process his promotion action. Ten months had passed between the time management originally submitted the request to promote Mr. Baker from a Social 1,533oi

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