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B-206181.2 1 (1982-11-29)

handle is hein.gao/gaobadksy0001 and id is 1 raw text is: DECISION THE COMPTROLLER GENERAL OF THE UNITEC ST4TATES WAS H ING TON 9. 0.0. 205458 FILE: 0-206181.2 DATE: November MATTE, OF: Noel w. Campbell - Retroactive Temporary Promotion and Backpay DIGEST: A grade GS-12 Aircraft Pilot who was on call to perform GS-13 flight duties for 90 days claims retroactive tempo- rary promotion and backpay under a provision in negotiated agreement requiring temporary promotion when an employee is assigred to a higher grade position for 30 or more calendar days. The claim is denied since the employee actually performed the higher grade dutieR only on 25 calendar days, and, therefore, did not serve in a detail for the requisite period. Addition- ally, since during period when employee .was on call to perform higher graded duties, he was available to, and actually did perform only duties of his proper grade the majority of the time, period in on call status cannot be considered to be detail to the higher graded position. This decision is in response to a joint submission from the Chief of Labor Management Relations, U.S. Customs Service, Los Angeles, California, and the National Treasury Employees Union (UTEU), concerning the claim of Mr. Noel 1. Campbell for a retroactive promotion and backpay. This case has been handled as a labor relations matter under our pco- cedures in 4 C.F.R. Part 22 (1982). The issue presented is whether fir. Campbell is entitled to a retroactive promotion with backpay based on Article 10 of the U.S. Customs Service Region V11 - NTEU collective bargaining agreement requiring that employees detailed to a higher grade position for a period exceeding 30 calendar days be temporarily promoted. For the reasons set forth below, the claim is denied. Additionally, certain questions relating to the National Agreement between the parties, which became effective on June 30, 1980, will be discussed below, 29, 1982 lklml ,

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