About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

B-206539 1 (1982-06-07)

handle is hein.gao/gaobadkiz0001 and id is 1 raw text is: 
I,


oIr.- c.= 1810o N




FILE: B-206539

MATTER OF:
              ]


DilG L,13T:


THMJ; CtrrTD~      3 OENERAL
11F T!iS. UNITEt30T, rEu
WAD3HINTONe 0.C. 205413



      DATE: June 7, 1932


John A. Fowler- Claim for temporary
promotion incident to owrlong detail


Employee claims he was detailed to higher
graded journeyman level duties for perliod
from March 1975, to April 19*19, and he
seeks retroactive temporary promoticon and
backpay under our Turner-Caldweil dixisions.
However, the Court of Claims ruled in
Wilson v. United States Ct. Cl. No. 324-81C,
Order, October 23, 1981, t hat employees
have no entitlement under statut,9 or the
Federal Personnel Manual to temporary pro-
motions for overlong details. Since we
have recently ruled that we will follow
the Wilson decision and no longer follow
our pro- TurnerCaldwell decisions with
respect tonlig or future cases, the
employee's claim is denied. See Turner-
Caldwell 111, B-203564, May 25, 1982.


     The ievsue in this dec.-ion is the entitlement
of an employee to a retroactive temporary promotion
and backpay incident to an overlong detail to a
higher graded position based on our :urner-Caldwell
decisions.  Since we have tecently dchidnd to
follow the decision by the cdburt of Claims in
A. leon Wilson v. United States, Ct. Cl. No. 324-81C,
0rdr, octobe? 23, 1981, which reaches the opposite
result from our Turner-Caldwell decisions, and, there-
fore, to no longer follow those decisions, we hold
that the &plove's claim muat be denied.

     Mr. John A. Fowler and Local 1920 of the American
Federation of Government Emjf.oye's have appealed our
Claims Group settlement (Z-2831149, June 24, 1981)
denying Mr. Fowler's claim for a retroactive temporary
promotion and backpay incident to an overlong detail.
Our Claims Group dented Mr. Fow.er'o claim on the basis
of insufficient evidence to pre-ve that he was in fact
detailed.

     Mr. Fowler's claim rests upon our Turner-Ca1deIell
decIsions, 55 Comp. Gen. 539 (1975), cusiEaiuedTin
?.b G.o:; ,. G.:,'|. ,<2,' . ' . :.i'.. . , ' V ',, t ,,..':n ., ..r . t'..;

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:

Already a HeinOnline Subscriber?

profiles profiles most