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B-198142.2 1 (1982-02-24)

handle is hein.gao/gaobadkcc0001 and id is 1 raw text is: I1i . I DECISiON q, l, OF T H E U N ITU eD STAT S WAS HINGTON, 0,C3, 1204B FILE B-198142.2 DATE February 24, 1982 MATTER OF: Allan So Danoff -- Termination of Temporary Promotion- Reconsideration DIGEST: 1, An employee was qiven a temporary promotion not to exceed 1 year, During that period the agency instituted a reorganization and notified the employee that he would be in the lower grade position after the reorganization, The employee cliims backpay because he was not given speciCic notice of thi termination of his temporary prQmotlon until some weeks after it became effective and beuuse he continued performing the higher level duties, Upon reconsideration, dential of the employee'K claim for backpay is affirmed since temporary promotions may be terminated at any time in the agency's dtscretion. 2. Rec-ommendatlon that employee be given n temporary promotion retroactively was prepared by the official having delegated authority to make temporary promotions. This otficial did not have authority to make the retroactive promotion as requested. Therefore, the request for retroactive temporary promotlon cannot be viewed as an exercise of that official's delegated authority to ma3ke temporary promotions, and thus it may not serve as a basis for paying employees the pay of the higher grade. Allan S. Danoff, an employee of the Equal Employment Opportunity Commission (EEOC), requests reconsideration of our decision B-198142, August 19, 1981, in which we decided that he and another employee of EEOC were not entitled to backpay after their temporary promotions were terminated without specific notice to them. For the reasons given below the prior decision Is affirmed. The claimant is not entitled to backpay after his temporary promotion was terminated, On July 30, 1978, Mr. Danoff, who was employed in the Baltimore District Office of ECOC, received a temporary

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