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B-217187 1 (1986-08-04)

handle is hein.gao/gaobadmkk0001 and id is 1 raw text is: THE COMPTROLLER GENERAL OECISION • OF THE UNITEO STATEE 9. WASHINGTON,.0..C. 20 48 FILE: B-217187 DATE: August 4, 1986 MATTER OF: Steve Charnovitz - Retroactive Promotion DIGEST: Employee's claim for backpay based upon allegation that the position he occupied was reclassified at a higher grade is denied where the record demonstrates that his position was not reclassified. This is an appeal from the settlement of our Claims Group which denied the claim of Steve Charnovitz for back- pay for the period March 4, 1982, to December 26, 1982. We sustain the settlement of our Claims Group and deny the claim. Mr. Charnovitz had been employed as a GS-345-12 program analyst in the International Labor Affairs Bureau (ILAB), Office of Management, Administration and Planning, Department of Labor (DOL). He alleges that over a period of time he had been assigned additional duties which justi- fied reclassifying his position to the GS-13 level through material modification.1/ Mr. Charnovitz' supervisors in ILAB discussed the situation with a classification special- ist from Operating Personnel Services (OPS), the personnel office which serviced ILAB. Apparently, the classification specialist advised them orally that the duties performed by 1/ DOL regulations define material modification as: The reconstitution of an occupied position at a higher grade as the result of the accretion (and perform- ance by the employee) of higher level duties and responsibilities which are not the result of planned management action when the employee continues to perform the same basic function of the former position (as reflected in the employee's official position descrip- tion of record) and the former position is administratively absorbed into the new one.

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