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B-195477 1 (1980-12-10)

handle is hein.gao/gaobadisz0001 and id is 1 raw text is: THE COIPTR LLER GENERAL DECISION . OF THE UNITED STATES WASHINGTO , 0O C. 20548 _( 7,1- GT L. £ ~ IT Y7 FILE: B- MATTER DIGEST: 195477 . ATE: December 10, 1980 OF: Clyde C. endrick -Retroactive Promotion and Back ay Employee's claim for backpay from September 20, 1973, to November 6, 1978, when he was promoted from WG-5 to WG-8, based on contention that WG-5 position was misclassified during period and pro- motion was reclassification of WG-5 posi- tion, cannot be allowed. There is no right to backpay for periods of claimed wrongful classification and, except for successful appeals of downgradings, clas- sification actions cannot be made retro- active. Neither can claim be allowed on theory that employee was detailed to position classified in higher grade in absence of conclusive evidence that he performed full range of duties of WG-8 position during entire period claimed. Mr. Clyde C. Kendrick, an employee of the Depart- ment of the Navy in the Commissary Store of the Naval Air Station at Pensacola, Florida, seeks further con- sideration of his claim for a retroactive promotion and backpay based on the alleged wrongful classifica- tion of his position. For the reasons set forth sub- sequently his claim cannot be allowed. By letter dated February 9, 1978, Mr. Kendrick, then a Meatcutting Worker WG-5, appealed the classi- fication of his position to this Office and claimed backpay from September 20, 1973, on the grounds that be had been performing the duties of the position of Meatcutter WG-8 since that date. In support of his claim he submitted (1) a report of a position classi- fication specialist, dated September 20, 1973, in- dicating that in three annual classification reviews Meatcutting Workers WG-5 had been found to be per- forming tasks which fell within the difficulty range of Meatcutter WG-8; (2) a memorandum from the Head of the Wage and Classification Division' of the Con- solidated Personnel Office for the Naval. Air Station, I oxID59 Ar, OC)

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