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B-202098 1 (1982-04-22)

handle is hein.gao/gaobadkgc0001 and id is 1 raw text is: -a * * 4 - - ht~ I - p - - - - -- - .-. e~ -.. ,a....sbfla he-asS n * F9 / B-202098 / MATTER DIGEST; OF; Samuel H, Stern - Retroactive Promotion and Baclpay 19 Employee filed two grievances with Depart- ment of the Army alleging improper rating, ranidng, and certification in connection with vacancies for higher grade positions. He was ultimately promoted, and he alleges that the agency violated its own grievance pro- cedures by not rendering a decision within 90 days from the date the grievance was filed, He seeks retroactive promotion and backpay. Matters relating to grievances are within the juriadiction of the agency and the Office of Personnel Management and normally will not be reviewed by the General Accounting Office. 5 C.F.R. §§ 771.101 - 771.119 (1975). 2. A grievance filed by the employee in May 1975 was delayed by his requests for post- ponement, schedule conflicta, mutual agree- ments for delay, and delays by the agency, A grievance decision rendered in March 1977, approximately two years later, awarded the employee priority consideration for promo- tioh, and he was promoted in February 1979. 5 C.F.R. § 771.110 (1975). which states that the agency shall require a grievance decision within 90 days, Is not a nondiscretionary regulation and violation by the agency is not an unjustified or unwarranted personnel action under the Back Pay Act, 5 U.s.C. § 5596 (1970). The agency has discretionary authority to promote and the employee has no vested right to promotion at any specific time. ._ Mr. Samuel H. Stern, an industrial Specialist, GS-1150-13, Logistics Engineering Directorate, Conwmuni- cations and Electronics Materiel Readiness Command, Department of the Army, Fort Monmouth, Now Jersey, has appealed Settlement Certificate Z-2827639, d 1.ted January 15, 1981, issued by our Claims Group, which denied his claim for a retroactive promotion and backpay. 7 1 02OMPTROLLIER TINURAL OF THBI UNITED STATEB WAS H It 't3 TON, -, 0, 2054 UATEI;April 22 1982 DCCIBION FILE;

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