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B-200638 1 (1981-10-09)

handle is hein.gao/gaobadjus0001 and id is 1 raw text is: IECISI0 FILE: B-20 MATTER OF DIGEST: N 03 0638 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0.C. 20548 DATE: October 9, 1981 Gordon L. Wedemeyer - Delayed Classification Action 1. There is no entitlement to backpay for the period prior to reclassification of incumbent's position. Alleged delays in processing job descriptions to a higher grade position do not provide a basis for backpay. In addi- tion, remedy provided by our Turner- Caldwell line of cases is precluded for the period prior to reclassifi- cation of employee's position. 2. When a position is reclassified to a higher grade level, agency must, within a reasonable time after the date of final position reclassification, either promote the incumbent or remove him. However, where final classification action rested with headquarters office, employee may not be promoted prior to date of final agency action. ISSUE The issue in this case is the entitlement of an employee to a retroactive promotion and backpay for the nearly 1-year period that the reclassification of his position was delayed. We hold that there is no entitle- ment to a retroactive promotion and backpay based on an overlong detail for the 8-month period prior to the date his job description was approved. In addition, we hold that there is no entitlement to a retroactive promo- tion and backpay from the date the job description was signed since final classification action had not yet been completed by the agency. BACKGROUND This is an appeal from the settlement of our Claims Group denying Mr. Gordon L. Wedemeyer's claim for backpay for the period beginning May 30, 1979, to May 18, 1980. wo

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