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

B-206181 1 (1982-05-05)

handle is hein.gao/gaobadkhb0001 and id is 1 raw text is: DECISION THE COMPTROLLEUR SUNURAL OF THU UNITBD BTATEO WAS F3H IN GTON, ,0, uo5a4 G FILE; B-2061l1 MATTER DIGEST; DATE; MPay 5, 1982 OF; Jeffery K, Bishop and Peter S. Szilassy- Retroactive promotion m ployees of Customs Service in noncompetitive career ladder positions are not entitled to retroactive promotions with backpay based on the agency's delay in certifying and approving their promotion requests, In the absence of a nondiscretionary requirument mandating pro- motion within a particular time frame or in accordance with specified criteria, administra- tive delay in processing proniotion requests prior to approval by the authorized official durs not constitute such adminstrative error as will support award of retroactive promotion and backpay. The two claimants, Mr, Jeffrey K. Bishop and Mr. Peter S. Szilassy, who are represented by National Treasury Employees Union, were GS-i employees with the U.S. Customs Services They were both in noncompetitive career ladder positions to the GS-12 level, The claimants met the time in grade requirements, and were recommended by their supervisor for promotion to the GS-12 level, Mr. Bishop was recommended on May 22, 1979, and Mr. Szilassy on July 18, 1979. Following delays in processing, both claimants were promoted effective November 4, 1979. STATEMENT OF THE ISSUE The issue presented is whether these employeds are entitled to retroactive promotions with backpay based on the agency's inordinate delay in certifying and approving the promotionrequests. In the absence of any agency reg- ulation, negot.ated policy, or other requirement regarding processing time for promotion requests, we conclude that these employees are not entitled to retroactive promotions. This action is in response to a joint submission from the Regional Commissioner of Customs, Los Angeles, Cilifornia, and the National Treasury Employees Union concerning the similar claims of Mr. Jeffery K, Bishop I -, - ~* ,.~ ~* -t .~' -w * ye risen '~ * *m %a'---'ta we. Sq .,

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