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B-185794 1 (1976-02-20)

handle is hein.gao/gaobaddfw0001 and id is 1 raw text is: THE COMPTROLLER GENERAL .DFG II l, I=OF THE UNITED STATES WASHINGTON, 0. C. 20548 FILE: DATE: FEB 20 B-185794 q g MATTER OF: Vincent A. Mariner - Retroactive Temporary Promotion for Extended Detail to Higher Grade DIGEST: United States International Trade Commission detailed grade GS-14 employee to grade GS-15 position for approximately 15 months and failed to obtain approval of the Civil Service Commission for detail extension. Employee became entitled to temporary promotion and additional pay on 121st day of detail pursuant to rule in B-183086, December 5, 1975, 55 Comp. Gen. that entitles employee detailed to higher grade to temporary promotion after serving 120 days where agency fails to obtain approval of detail extension. Therefore, under Back Pay Act, 5 U.S.C. § 5596, he may be given retro- active temporary promotion and backpay. This matter involves a request for an advance decision as to whether Mr. Vincent A. Miariner, an employee of the United States Intrnti.na. Tra6e Ce:mission, may be awarded a retroactive temporary proioticn and backpay for the time he was improperly detailed to a higher grade position. Mr. Mariner occupied the position of Computer Systems Analyst, GS-14, on September 30, 1974, the date he was detailed to the GS-15 position of Acting Director, Automatic Data Processing Division. The employee occupied this position until his detail was terminated on January 15, 1976. Mr. Mariner filed a grievance with his agency alleging that in accordance with the holding of our decision B-183036, December 5, 1975, 55 Comp. Gen. __, he was entitled to a retroactive temporary promotion to grade GS-15 from January 28, 1975, the 121st day of his detail, until January 15, 1976, the day his detail was terminated, inasmuch as his agency had failed to seek or obtain an extension of his detail from the Civil Service Coamission prior to his having served 120 days in such higher grade position. The grievance also requested backpay for the difference in pay between grade GS-14 and grade GS-15 during the period of the retroactive promotion. The Back Pay Act of 1966, 5 U.S.C. 5 5596 (1970), is the appropriate statutory authority for compensating an employee for pay, allowances, or differentials he would have received, but for a violation of a /C c~COL )

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