About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-202403 1 (1981-12-30)

handle is hein.gao/gaobadjzb0001 and id is 1 raw text is: / KC) DECISION 4/ /-7 B-202403 DATE: December 30, 1981 MA'TER DIGEST; OF: Alice L, Kirkmanf-Retroactive Promotion - Establishment anC Classification of Position To settle court action charging sex discrimi- nation, the agepcy established higher-level positions for the plaintiffst When one of the plaintiffs wlho occupied a GS-14 position under the court settlermient resigned, the agency's personnel office believed the GS-14 position automatically terminated, and it therefore refused to process a management proposal to promote another employee to that position until it was specifically classified and established for the employee. There is no evidence of a clear mistake by the person- nel office or of a mandatory policy to retain the higher-level position and promote the employee before the personnel office declined to process the promotion request; nor was there a finding of discrimination against the employee. Therefore, the employee's promo- tion can be prospective only, and backpay cannot be justified. The issue in this case is whether Alice L. KirXman, an employee of the Community services Administration, is entitled to grade GS-14 with backpay for a period when her official grade was GS-13 .he Administration's certifying officer requested our decision because he is concerned that backpay would be contrary to the general rule that employees are entitled only to the salary of the position to which they are actually appointed regardless of the duties they perform. 39 Comp. Gen. 583 (1960) and 52 id. 631 (1973). Wle decide in this case that the general rul-e is applicable and that a retroactive promotion is not warranted based upon the facts provided us. Background Information The community Office prepared a It states that on the Administration Services memorandum AU ust 18, and three Admini stra tion' setting forth 180, a stipul of its female s General Counsel's the pertinent facts. ation in behalf of employees settled a 0 0t. CMPTFLLER GENRAL OFTHE UNITISD.BTATB WASHI Nc3TON, 0, C, 2054 8 V I e e6', FILF.;

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most