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B-240239 1 (1990-10-29)

handle is hein.gao/gaobadnva0001 and id is 1 raw text is: Comptroller General of he Unitd States Wahlington, D.C. 20648 Decision Matter of: David R. Barth and Charles H. Byrd, II - Backpay - Higher Grade Duty Assignment File: B-240239 Date: October 29, 1990 DIGEST Although at the direction of their unit chief FBI firearms instructors performed duties of a position classified at a higher grade than the position they occupied, no right to increased pay exists. A federal employee is entitled only to the salary of his appointed position even though higher level duties were performed. Therefore, the employees are not entitled to backpay for performing the higher-graded duties. DECISION This action is in response to a request from the U.S. Department of Justice, Federal Bureau of Investigation, for an advance decision on the propriety of paying the backpay claims of Messrs. David R. Barth and Charles H. Byrd, II based on their performance of the duties of a higher-graded position. For the reasons stated below, the claims are denied. BACKGROUND Messrs. Barth and Byrd were assigned as Investigative Grade Firearms Instructors, grade GS-13, beginning on July 11, 1986, and April 27, 1987, respectively, with the Firearms Training Unit, Quantico, Virginia, where they worked in conjunction with Program Managers (Firearms Instructors), whose positions were graded at GM-14. The agency states that although under the Training Unit's organizational structure it was not intended, due to a heavy workload both Messrs. Barth and Byrd were doing essentially the same work as the grade GM-14 Program Managers. Both employees claim, and the FBI admits, that they were specifically assigned and required to perform the same job as the Program Managers. The FBI recommends that backpay be approved for both claimants along with 16 other grade GS-13 Firearms Instructors who have, since 1985, also been specifically required to perform at the grade GM-14 level. In making its recommendation the FBI emphasized the fact that these employees were specifically and knowingly instructed to perform duties outside their job description for an extended period of time.

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