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B-225918 1 (1987-03-19)

handle is hein.gao/gaobadmqa0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Matterof: 'Valerie Pannucci Reynolds - Backpay File: B-225918 Date: March 19, 1987 DIGEST GAO will not assert jurisdiction of a request filed by an authorized certifying officer pursuant to 4 C.F.R. Part 22 which questions the legality of a payment ordered by a step III negotiated grievance decision where the union has objected to submission of the matter to GAO and has already initiated procedures under 5 U.S.C. Chapter 71 to resolve the issue. DECISION / This is .i request for a decision pursuant to/4 C.F.R. Part 22 (1986) from an authorized certifyingfofficer as to whether he can award backpay pursuant to the decision of management at step III of the negotiated grievance procedure. The certifying officer argues that the payment would be illegal, and the union objects to submission of the matter to GAO. We decline to assert jurisdiction. FACTS As of April 1983, Valerie Pannucci Reynolds occupied the position of GS-12 Budget Analyst at the U.S. Department of Housing and Urban Development. She apparently had been expecting a promotion to the GS-13 level for some time but none was forthcoming. On January 17, 1985, as a part of an office-wide position management review, her position description was revised and certified as accurate, but she was still not promoted to the GS-13 level. She and her supervisors continued to communicate on this issue and finally on August 7, 1986, Ms. Reynolds filed a grievance requesting retroactive promotion with backpay. After the grievance was filed, management advised Ms. Reynolds that there was no position established and classified at the GS-13 level and so a desk audit of her duties would have to be performed. The desk audit was

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