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B-198983.2 1 (1981-10-09)

handle is hein.gao/gaobadjuu0001 and id is 1 raw text is: B-198983.2 Iq-7 '-/ 7 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. 0. C. 20548 DATE: October .9, 1981 MATTER DIGEST: OF: Panama Canal Commission Pilots - Retroactive Promotions There is no basis to overrule decision of November 19, 1980, wherein it was held that Panama Canal Commission Pilots whose promotions were delayed due to absence of clerk responsible for forwarding promotion papers were not entitled to retroactive promotions. The general rule prohibiting retro- active personnel actions is not re- stricted to only those employees who are subject to the appointment, classi- fication and pay provisions of title 5, United States Code. Furthermore, there is nothing in either the language or legislative history of the Panama Canal Act of 1979 which would authorize the requested retroactive personnel actions. By letter dated May 26, 1981, D. P. McAuliffe, Administrator, Panama Canal Commission, has requested that we reconsider our decision B-198983.2, November 19, 1980, wherein we held that six Panama Canal pilots were not entitled to a retroactive promotion with backpay. Their promotions had been delayed by the absence of the clerical employee responsible for preparing and forwarding the necessary papers to the official authorized to approve promotions. We have been asked to reconsider our decision of November 19, 1980, on the basis that the positions at the Commission are outside the competitive civil service and are not subject to the appointment, classification, and pay provisions of title 5, United States Code. Upon further consideration, we find no basis which would warrant changing our earlier determination in this matter. Our decision denying retroactive promotion was based on the general rule that promotions may not be effected retroactively, and, more specifically on the fact that the delay in initiating the partic- ular promotions in question did not fall within the limited exception to that general rule for clerical or administrative delay or omission in the processing DECISION FILE:

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