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B-204769 1 (1982-04-13)

handle is hein.gao/gaobadkfw0001 and id is 1 raw text is: OECISION B-.204769 DATEi April 13, MATTER OF: Anton backpa Daniels VV Retroactive promotion DIGET: Employee of Maritime Administration who claimed a retroactive ptomotion and back- pay for period before his position was reclassified, ts not entitled to payment. General rule is that even though position is reclassified to a higher grade, an em- ployee is not entitled to additional com- pensation until he is promoted to the higher grade, There is no entitlement to backpay for periods of erroneous clas- sification under Back Pay Act, 5 U.S.C, 5 5596 or pertinent classification statute, 5 U.S.C. 9 5346, which does not expressly provide for backpay. i'he isssue decided in this case is whether an employee whose position is reclassified to a higher grade is entitled to a retroactive promotion and baekpay for the time, before the reclassification, that he was performing the same duties. The general rule, which applies here, is that even though a position is reclassified to a higher grade, the employee's entitlement to the higher salary does not commence until he is actually promoted to the reclassified position. Mr. Anton Daniels, an employee of the Maritime Admin- istration, Department of Commerce, requests reconsideration of our Claims Group's disallowance of his claim for retro- active promotion and backpay. Mr. Daniels' position of Motor Vehiclc Foreiian was reclassified from WS-4 to WS-5 on August 24, 1978, and he was promoted the next month. Mr. Daniels sought retroactive promotion and backpay con- tending that he should have been promoted in March 1974, since there was no change in his job duties between March 1974, and the reclassification action in August 1978. By letter of April 10, 1980, Mr. Daniels forwarded his claim to our Claims Group. Finding that no officially established and classified higher grade position existed during the time of Mr. Daniels' claim, our Claims Group denied Mr. Daniels' claim by Certificate of Settlement Z-2828876, June 23, 1981. FILE: 1982 and THU COMP*'ROLLER GENIERAL OF THI UNITED UTATIUS WASHINGTON, 0,0, R0548

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