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B-233131 1 (1989-06-22)

handle is hein.gao/gaobadnmd0001 and id is 1 raw text is: The Comptroller General of the United States Washington, D.C. 20548 Decision Lee R. Schneider - Claim for Temporary Promotion and Backpay File: B-233131 Date: June 22, 1989 DIGEST Employee's claim for a retroactive temporary promotion and backpay incident to an overlong detail is denied pursuant to Turner-Caldwell III, 61 Comp. Gen. 408 (1982). An exception to the Turner-Caldwell III rule exists where a collective bargaining agreement prescribes temporary promotions in the case of overlong details to higher grade positions; however, the employee's claim does not fall within this exception since he had not been detailed to a higher grade position. DECISION Mr. Lee R. Schneider, a former employee of the Internal Revenue Service (IRS), has, through his attorney, requested a review of our Claims Group settlement denying him a retroactive temporary promotion and backpay incident to an overlong detail.l/ For the reasons stated below, we concur with the determination of our Claims Group and find no basis for awarding a temporary promotion and backpay to Mr. Schneider. BACKGROUND Mr. Schneider was employed as a grade GS-12, Revenue Agent, with the IRS, and he claims that the duties he performed as a technical advisor and expert witness from 1973 until 1982 called for a rating of grade GS-13 or 14. Mr. Schneider states that the National Treasury Employees Union has a collective bargaining agreement with the IRS which provides for a temporary promotion and a subsequent pay increase for employees who are detailed to a higher grade position for 30 consecutive days or more. 1/ Z-2854681, Mar. 17, 1987.

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