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B-207129 1 (1982-08-26)

handle is hein.gao/gaobadkot0001 and id is 1 raw text is: -I I _., ,, TH*1L I 1c3,'fPrI4c3LLX n-P1Oa N LWRAL or v~irF ;-r4s0'Rjn TAT L1EI FILE: B-207129 DAT'Fr: August 26, 1982 MATTER OF: Doris Brissett - Retroactive promotion and backpay OSGEST: Employee, who was promotel 4 weeks before she was eligible for within-grade- increace, claims retroavtive promotion and backpay, Employee alleges that agency violated policy of defegring grade promotions until eligible employees receive anticipated within-grade increases, Claim is denied since agency has not established nondis- cretionary poliuy described by claimant. Disparate treatment of employees similarly situated does not provide a bvsis for all aggrieved employee's retroactive promotion. Rather, the granting of promotions is with- in the discretion of agency, whose findings shall not be upset except for abuse of disuretion. Mrs. Doris Brissett, an employee of the Federal Mediation a.d Conciliation Service (FMCS), appeals our Claims Group's Settlement Z-2837392, March 22, 1982, denying her claim for P retroactive step increase and backpay in connection with her 1977 promotion to grade GS-5. For the reasons stated below, we affirm the action of the Claims Group. * In late 1977, Mrs. Brissott was employed as a GS-4, Stop 9, Clerk-Typist, with Ff4CS in its Hew York City office. The record shows that Mrs. Brissett became eligible, on the basis of time served, for a within-grade (step) increase on January 16, 1978. However, on December 19, 1977, 4 weeks before she vas eligible for the step increase, Mrs. Britisett was promoted to grade GS-5, Stop 7. Since Mrs. Brissett receiVed her promotion in grade before she became eligible for her step elevation, she never received the anticipated wi thin-grade increase. Mrs. Brissett correctly states that, if tier gcade promotion had been delayed until after she had received her within-grade increase on January 16, 1978, her subsequent I a I - 'I

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