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B-227331 1 (1988-02-29)

handle is hein.gao/gaobadmzy0001 and id is 1 raw text is: . C The Comptroller General of the United States Washington, D.C. 20548 Decision Ella M. Richardson and Sharon G. Dover - Claims Matterof: for Retroactive Promotion and Backpay File: B-227331 Date: February 29, 1988 DIGEST Two employees claim retroactive promotions and accompanying backpay for the 5-month period that their career-ladder promotions were delayed due to a reclassification review. Generally, a career-ladder promotion is discretionary with the agency unless there is a mandatory agency regulation or policy which states otherwise. In this case, the claims are denied since the job announcement indicating a promotion potential to a particular grade for the employees' positions did not constitute a nondiscretionary administrative regulation or policy which if not carried out would con- stitute an unjustified or unwarranted personnel action by the agency under the Back Pay Act, 5 U.S.C. S 5596 (1982). DECISION ISSUE Two employees of the Defense Logistics Agency (DLA) claim retroactive promotions and backpay at the grade GS-9 level for the period of time their promotions were delayed due to a classification review. In the absence of a nondiscre- tionary agency policy or regulation requiring that the employees be promoted, we conclude that there is no basis to permit a retroactive promotion with accompanying backpay. BACKGROUND This is in response to a request from Mr. Peter H. Tovar, Chief, Accounting and Finance Division, DLA, for an advance decision regarding the claims for retroactive promotions and backpay filed by two DLA employees, Ms. Ella M. Richardson and Ms. Sharon G. Dover. Ms. Richardson seeks backpay at the grade GS-9 level for the period from March 23 through August 9, 1986. Ms. Dover seeks backpay at the grade GS-9 level for the period from March 23 through August 23, 1986. The events and actions in these claims are essentially the &5s 1

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