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B-190157 1 (1978-02-10)

handle is hein.gao/gaobadfpu0001 and id is 1 raw text is: DECISION FILE: B-190157 MATTER DIGEST: D. A gazarian THE COMPTROLLER GENERAL WARHINGTON. D. C. 18054M L jtt% DATE: abruary 10, 1978 OF: Alfred C. Odiorne - Claim for Retroactive Promotion and Backpay Wage grade employee of Department of Navy was reclassified from ;osition of Supervisory Production Shop Planner WN-4 to WI-7 as result of classification appeal, and he claims backpay for period of wrongful classification. Employee has no entitlement to backpay under pertinent civil service regulations implement- ing 5 U.S.C. 5346 (Supp. II, 1972) which autbo.- rites job grading system for prevailing rate employees. Also, Supreme Court held in United States r. Testan, 424 U.S. 392 (1976) that there is no entitlement to backpay for period of erroneous classification under 5 U.S.C. 5101-5115 involving General Schedule employees. Wage board classification statute is similar to that for anoral Schedule statute since it also does not expressly provide for backpay. Mr. Alfred C. Odiorne has appealed the action of our Claims Division in Certvi 2- .te of Settlement dated July 20, 1977, which denied his claim for a retroactive promotion and backpay for the period July 8, 1973, to February 2, 1975. The record shows that on July 8, 1973, Mr. Odiorne, an em- ployee of the Portsmouth Naval Shipyard, DortsmoutL, New Hampshire, was reassignel from the position of Planner and Estimator (Pipe- fitter), WD-8 to Supervisory Production Shop Planner (General) WN-4. Mr. Odiorne's new position was that of Head of the Planning Staff of the Service Shop Group at the Portsmouth facility. On November 26, 1974, Mr. Odiorne appealed his position clas- sification to the Office of Civilian Manpower Management, Depart- ment of the Navy, Washington, D.C. Mr. Odiorne contended that his position was comparable to that of Supervisory Production Shop Planner positions in other components of the Portsmouth base which were graded at the WN-7 level, and he requested a corresponding upgrading of his position. On January 8, 1975, Mr. Odiorne's appeal was granted on the basis that his position met the criteria of the Civil Service Comission's key level definition #023 for job 9 &A tq CF I i- . .

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