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B-200000 1 (1982-05-25)

handle is hein.gao/gaobadkhx0001 and id is 1 raw text is: L)ECIStIONCOPMPTROLLIWFI O5NU1AL DIECISIION 0 F TO T H U !% NI T2M S TATS I WASHINQTON, 0,C2, 20U40 FILE: B-200000 rDATE:; ay 25, 1982 MATThR OF: Albert C, Beachley and Robert S, Davis- Extended Details to Higher Grade Positions - Agency Regula- tion and Provision of Negotiated Agreement DIGEST; i. Where agency asserts that its regulation was intended to make temporary promoticns for details to higher grade positions ,nandatory after 60 days, thereby estab- lishing a nondisvretionary agency policy, that regulation may provide the basis for baokpay, While other interpretations of the regulation could be mada, the agency's interpretation is a reasonable one, 2. Where the parties to a collective bargaining agreement agree that the provisions in the negotiated agreement were intended to make temporary promotions for details to htoher grade positions mandatory after 60 dnys thereby establishing a ,nondiscreticnary agency policy, those ointract provitions may provide the basis for backpay. While other interpretations of the negotiated agreement could be made, the interpreta- tion of the parties is a reasonable one, 3. Although this claim pertains to the inter- pretation of a collective bargaining agree- ment, it is appropriate for GAO to assert jurisdiction since to refuse to do so would be disruptive to labor-management procedures due to the impact such a refusal would have on other claims and grievances, Moreover, there is no arbitration award involved, no one has objected to submission of the matter to GAO, and the matter is in an area of our expertise and has traditionally been adjudicated by this Office. The issues in this case are whether we will accept the agency's interpretation of its own regulation concerning tem- porary promotions for overlong delails and whether we will 1 14

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