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B-186758 1 (1977-03-23)

handle is hein.gao/gaobadeed0001 and id is 1 raw text is: DECItSION a THE COMPTRICLLER OENERAL c. TH IN UNITED STATS p WASHINGTON, D.C. 20E340 B-186758 DATE: March 231 1977 MATTER OF: DIGEST: Dr. Keith A. Baker - Implementation of Arbitration Award 1. Commun:'.ty Services Administration (CSA) employee claimed that due to accretion of duties lie was performing functions of GS-14 and.filed grievance. Arbitrator awarded employee backpay Lut did not award retroactive promotion. CSA argrecd to retroactively p'-omote einployee and pay backpay from August 1, 1971, to August 18, 1973, subsequent to employee'stransfer to HEW. Arbitration award may not be implemented since employee's grievance involved classification matter for which statutory appeal system exists, thus removing matter from scope of arbitration system. 2. Arbitration award granting backpay but not retroactive promotion for agency's alleged erroneous classification of employee's position may zot be implemented since matter was outside jurirdiction of arbitration system. Furthermore, retroactive reclassification of pcosition is not proper in this case since einployee claimed his position should have been classified higher due to accretion of duties aiid Civil Service Regulations do not permit retroactive reclassification except when employee appeals classification action reducing his pay and action is reversed in whole or -art. 3. Eriiployee who grieved agency failure to reclissify his position and promote him was awarded backpay but not retroactive promotion by arbitrator. Pursuant to agreement entered ihto between agency and employee, agency retroactively pronioted employee and paid $5, 142 in backpay. Eployed- was overpaid sbice no authority exists to retroactively reclassify enployee's position under facts of this case, agency was without authority to retroactively promote, emplcyee and award backpay, and United States is neither bound nor estopped by unauthorized acts of its agents. However, in view of facts of this case, overpayment is waived pursuart to 5 U.S.C. 65584. I I C or: FILE: V I 1

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