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B-180010.04 1 (1975-11-28)

handle is hein.gao/gaobadcrp0001 and id is 1 raw text is: DECISION FILE: 41 THE COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 2054B B-180010.04 DATE : (9 9 l7 DATE: fi0V 2 81975 MATTER OF: Marion McCaleb: Retroactive Promotion - Position Reclassification Employee's GS-12 position was reclassified administratively to GS-13, effective June 2, 1975, incident to employee's grievance related to co-workers' promotions which had become effective October 11, 1974. Reclassification of position with concomitant pay increase may not be made retroactive other than as provided in 5 C. F. R. § 511. 703. By letter dated August 25, 1975, the National (NLRB) requested our decision as to the possible motion by reclassification of an NLRB employee. are stated in the letter as follows: Labor Relations Board retroactivity of a pro- The pertinent facts Marion McCaleb, a Management Analyst under the jurisdiction of the General Counsel, upon learning that two coworkers had been promoted (reclassified) from GS-343-12 to GS-343-13 effective October 11, 1974, grieved management's failure to similarly promote her through reclassification from her position of GS-343-12 to a GS-343-13. The promotions in question are reclassifications based upon accretion of duties and not competitive actions. The General Counsel, hearing the entire grievance upon appeal, determined in part that grievant was performing GS-13 work at the time of the reclassification of the other two Management Analysts and that sufficient basis existed for con- cluding grievant performed GS-13 work thereafter to present. Having determined grievant was classified wrongfully at the GS-12 level, the General Counsel thereupon reclassified grievant to the GS-13 level, effective June 2, 1975. (Footnote omitted.) The Board states that it adheres to the principle of equal pay for substantially equal work, set forth in the Classification Act of 1949, 5 U. S. C. 5 5101(1)(A) (1970). The Board believes the situation here is similar to that reported in 54 Comp. Gen. 69 (1974). In that case the agency involved had a nondiscretionary agency policy which required PUDLISiED DECISION 55 Comp. Gen...... DIGEST: q-7 (, (p 9

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