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B-210917 1 (1983-08-10)

handle is hein.gao/gaobadlgh0001 and id is 1 raw text is: V THE COMPTROLLER ENERAL DECISION .1. OF THE UNITED STATES WASHi- I NGTON. 0. C. 20548 FILE: B-210917 DATE: August 10, 1983 MATTER OF: Howard A. Morrison - Retroactive Temporary Promotion - Agency Regulations DIGEST: Agency asserts that its internal regulations which establish a policy to make temporary promotions for details mandatory after 30 days, was based on our early Turner-Caldwell decisions, 55 Comp. Gen. 539 (1975) sustained at 56 Comp. Gen. 427 (1977). Therefore, agency argues that after Turner-Caldwell III, 61 Comp. Gen. 408 (1982), which overruled prior Turner-Caldwell deci- sions, the agency's policy changed and its regulations did not require such temporary promotions. However, a read- ing of the applicable agency regulations show that no changes were made, and, therefore, we conclude on the basis of the agency's regulations that a nondis- cretionary policy to grant temporary promotions for employees detailed to a higher-graded position for more than 30 days existed. Accordingly, the employee may be granted a retroactive temporary promotion beginning the 31st day of the detail. This decision responds to a request by the Honorable Danford L. Sawyer, Jr., The Public Printer, concerning the claim of Mr. Howard W. Morrison, for a retroactive temporary promotion and backpay. This decision has been handled as a labor-relations matter under our procedures contained in 4 C.F.R. Part 22 (1982) and, in this regard, we have received comments from the Graphic Arts International Union, Local No. 4B, and Mr. Morrison. The issue presented is whether the Government Printing Office (GPO) has established through its own regulations a nondiscretionary agency policy that employees who are detailed to higher-graded positions for over 30 days are entitled to a temporary promotion. This decision holds that the applicable GPO regulations established a nondiscretion- ary agency policy of temporary promotions of employees on oG '3 7o

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