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B-230840 1 (1988-08-18)

handle is hein.gao/gaobadnel0001 and id is 1 raw text is: The ComptroUer General of the United States Washington, D.C. 20548 Decision Helen M. Jew - Highest Previous Rate Rule - Matter of: Intermittent Employment File: B-230840 Date: August 18, 1988 DIGEST An employee who previously held a position as an intermit- tent employee is not eligible for highest previous rate consideration upon reemployment under 5 C.F.R. S 531.203(c) (1987), since the highest previous rate rule is based upon a regularly scheduled tour of duty and intermittent employment by definition does not involve a regularly scheduled tour of duty. Moreover, in this case the employee was properly classified as an intermittent employee inasmuch as the employee independently scheduled her work and the days and hours worked fluctuated each pay period. DECISION Ms. Helen M. Jew has appealed the determination by our Claims Group (Z-2865303, dated Dec. 28, 1987) denying her claim for a retroactive step increase and backpay since the highest previous rate rule in 5 C.F.R. S 531.203 (1987) applies only to full-time and part-time employees and not to intermittent employees. For the reasons stated below, we sustain the Claims Group's determination. BACKGROUND Ms. Jew was an intermittent employee grade GS-12, step 1, Equal Employment Specialist with the Department of the Navy (Navy) from March 2, 1986 through January 5, 1987, when she was separated as part of a reduction-in-force. Subse- quently, Ms. Jew was reemployed by the Equal Employment Opportunity Commission (EEOC) on April 6, 1987, and she was placed in grade GS-II, step 4. If the EEOC had applied the highest previous rate rule contained in 5 C.F.R. S 531.203(c) (1987), under which a reemployed employee's rate of pay may be set at the highest previous rate earned on a regular tour of duty, Ms. Jew would have been placed in grade GS-II, step 7. The EEOC declined to apply this rule based on the agency's position that intermittent employment 3

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