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B-182950 1 (1978-01-23)

handle is hein.gao/gaobadfor0001 and id is 1 raw text is: THE COIPTROLLER GIENERAL DECISION . OF THE UN¶ITED STATES WAS H IN GTON, u.C. 2054 8 FILE: B-182950 MATTER OF: A 9 DIGEST: DATE: January 23, 1978 ngelo C. Zuaro - Implementation of rievance examiner's recommendation Grievance examiner recommended that employee be retroactively promoted on basis that employee wes treated differently than other employees in similar positions. General rule is that retroactive promotion may be allowed only where administro tive error or unjustified or unvarranted personnel actions have deprived employee of right granted by statute or regulation or where agency failed to follow nondiscretionary administrative regulation or policy. Failure te treat employee in precisely equal or identical manner as other similarly situated employees does not meet above standards so as to entitle employee to retroactive promotion. This action Is made at the request of Robert J. Blackwell, Assistant Secretary for Maritime Affairs, Department of Commerce, for an advance decision as to the propriety of implementing the recumwendations of a grievance examiner to retroactively p:oimote Mr. Angelo C Zuaro. Mr. Zuoro, an Associate Professor in the Department of Physical Education and Athletics at the U.S. Merchant Marine Academy, applied for a promotion to the academic rank of Professor on January 5, 1976. The request was denied by the Superntendent of the Academy on May 19, 1976, and Mr. Zuaro filed a grievance requo'slng, inter alia, that he bct promoted to the rank of P..aessor7fiith S5t'R pay from J61y 1, 1.76. In a report dated Fabruary 1, 1977, the grievance examiner found that Mr. Zuaro should have been promoted on the date upon which his promotion would have become effective had his request for promotion of January 5, 3976, been timely approved. The Maritime Administration accepted the grievance examiner's recommendation and promoted Mr. Zuaro to 4.--- el\

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