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

B-214531 1 (1984-08-24)

handle is hein.gao/gaobadlwg0001 and id is 1 raw text is: 


                       0    THE COMPTROLLER GENERAL
   0EClUlON                 OP THE UNITEO        UTATIK
                            WASHINGTON, D.C. 20546



   FILE:  B-214531                DATE:   August 24, 1984

   MATTER OF: Doris J. Lindstrom


   DIGEST:
          A former employee of the Merit Systems
          Protection Board is not entitled to a
          retroactive promotion from grade GS-7 to
          GS-8 on the basis that she interviewed
          for a GS-8 position. As a general rule
          a personnel action cannot be made effec-
          tive retroactively so as to increase an
          employee's compensation.

     A former employee of the Merit Systems Protection Board
is not entitled to a retroactive promotion and backpaK from
grade GS-7 to GS-8 on the grounds that she claims to have
been interviewed for a GS-8 position before she transferred
to the Board. An employee of the Federal Government is
entitled only to the salary of his or her appointed posi-
tion, and as a general rule a promotion action may not be
made retroactively so as to increase an employee's right to
compensation. 1/

                            FACTS

     Mrs. Doris J. Lindstrom, then a secretary
(stenography), GS-318-7/4, with the General Services
Administration, interviewed for a position at the Merit
Systems Protection Board in early 1979. Mrs. Lindstrom
alleges that the position for which she interviewed was a
GS-318-8. However, she was appointed/transferred to a
GS-318-7/4 secretary (stenography) position at the Board on
April 22, 1979. Mrs. Lindstrom believes that she was given
an incorrect SF-50 (Notification of Personnel Action) and
job description upon her transfer. While she states that
she made several attempts to have this error corrected, no
official action was ever taken, and there is no record of a
formal complaint by Mrs. Lindstrom during her employment by
the Board. On September 16, 1980, she retired from the
Federal Service.

     Mrs. Lindstrom filed a claim for a retroactive promo-
tion to grade GS-8 on January 26, 1982, with our Claims

1/ The decision results from the appeal of Mrs. Doris J.
    Lindstrom from the action of our Claims Group, on claim
    No. Z-2843944, issued February 23, 1983, which denied
    her claim for a retroactive promotion.

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