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DATE:MAR22 1977
MATTER OF: William L. Rivera - Compensation Adjustment
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DIGEST:
Employee's claim for retroactive promotion and back
pay r.:he±n agency failed to reclassify position pursuant
to a Maagement survey teams recommendation is denie,
and rartificate of settlement is surtained. Rule is
that employee is entitled only to pay of position to
which be is appointe1 regardless of duties performed.
Where agency fails to reclassify position, employee's
remedy is to appeal under Civil Service Commission
Classification procedures. See cited dicisions.
This action constitutes the appeal of Mr. William L. Rivera
from C-rtificate of Settlement No. 2-261664Z, issued August 13,
]976, by our Claims. Division which disallowed his claim for a
retroactive promotion and back pay. Mr. Rivera, formerly an
employee of the Bureau of the Mint, Department of the Treasury,
at the Old Mirt, San Francisco, California, claims a retroactive
promotion from the grade GS-12 to GS-13 and accompanying back pay
from February 16, 1975, to August 15, 1976.
Th record shows that a Department of the Treasury Personnel
MNanagement Evaluation Team which !.ncluded a representative from
the Civil Service Commission, San: Francisco, California,conducted
a classification survey at the Old Mint in December 1974. The
purpose of the survey was to advise Old Mint management of actions
which could be taken to help resolve some personnel mitnagement
problems at that activity. The survey team report dated April 15,
1975, recommanded that the position of Assistant Manager, occupied
by Mr. Rivers, be upgraded. The report reads in part as follows:
4. Administrative- Services Division
The tpbsitiontoft As sant Minager warrants
classifiation toiGrade GS-13. The inc6mbent
manages anoorganization oflover 40employees
through four subordinate branch chiefs. In
addition, hA rotates as deputy to the Mint
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FILE: B-173783.140
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