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B-200002 1 (1982-04-02)

handle is hein.gao/gaobadkes0001 and id is 1 raw text is: '7 CEITSION FILE: B-200002 MATTER OF: DIGEST: am I. DATESi April 2, Aletha B, Bowie and Melinda Backpay for overlong detail provisions of a negotiateO 1982 zarriello - - Interpreting agreement Employees claim retroactive temporary promotion and backpay for overlong details to duties in experimental unit which were samc duties performed by other employees classified at higher grade elsewhere in agency. Claims are disallowed because to qualify for back- pay, detail must be to established classified higher grade position. Fact that similar positions were classified at a higher grade in other components of the agency does not provide basis fo': retroactive temporary promnotion with backpay. 2. Agency's inquiry as to whether provisions of a negotiated agreement may be retroactively applied presents question requiring inter- pretation of a collective bargaining agree- ment which is more appropriately resolved under the provisions of 5 U.S.C. SS 7101- 7135, the Federal Service Labor-Management Relations Statute. The first issue in this case involves entitlement to retroactive temporary promotions with backpay for overlong details to perform duties in a experimental unit which were the sane duties performed by other employees in other units classified at higher grades, We find that there is no entitlement to backpay since the positions to which the claimants were detailed were not yet officially classified. The second issue is the extent to which this Office will interpret and apply provisions of collective bargaining agreements. That issue is discussed below. In this decision we are considering the claims of Ms. Aletha B. Bowie and Ms. Melinda Zarriello for retroac- tive temporary promotions and backpay in connection with alleged overlong details to higher grade positions as ; f 0 THEZ UMPTRLLER ON3NIRAL OF THE UNITEID STATES WASH I NOTON, , 2 0540

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