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B-207889 1 (1982-08-31)

handle is hein.gao/gaobadkox0001 and id is 1 raw text is: CECISION * .2 ... • - - . . -' *6 *a t . *. THtU CMMWTfOLLWM. CUNUNAL OF TI5 UNITIO STATWE WAUHINLITON, . C. £, 10548 FILE; B-207089 DATE: August 31, 198:! MATTER OF: DIGEBT Judd A. Howell - Retroactive Reclassification and Backpay Employee, classified as GS-Il, claims retroactive promotion to GS-12 and backpay for the period that reclassi- fication of his position was delayed by his supervisor's failure to submit the position for upgrading. The employee is not entitled to a retro- active promotion ad backpay. A classification action creating a higher level position becomes effective when an official with properly delegated authority approves the reclassifica- tion. 5 C.b.R. S 511.701 (a)(i) (1982). An employee cannot be promoted retro- actively to a date preceding official reclasstfication, since the highar level position does not exist before that date, Nor does the Backpay Act provide a monetary remedy for periods of incor- rect classification. United States v. Testan, 424 U.s. 392 (1976). Mr. Foon C. Lee, an Authorized Certifying Officer of the United States Department of the Interior, asks whether an employee may receive a retroactive promotion and back- pay for the period that his position's reclassification was delayed by his supervisor's failure to submit thm position for upgrading. We hold that the employee can- not be promoted retroactively because the higher grade position was not created until the previously existing position was reclassified by an official with properly delegated authority to do so. There is no authority for granting backpay for periods that an employee's position is incorrectly classified. The Department of the Interior, National Park Service, hired Mr. Judd A, Howell on February 24, 1980, as a GS-ll employee. At the time the position was established the classifier recommended that the position be reevaluated in j II

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