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B-191153 1 (1978-05-15)

handle is hein.gao/gaobadgab0001 and id is 1 raw text is: 1 S' ( THE COMPTROLLER GENERAL OP THE UNITED ETATEE WAUMINGTON, O.C. Q0548 OATE: My 15, 19 MATTER OF: Dee R. Goddes - Retroactive Reclassification DIBEST: GS-1i employee of Department of the Air Force claims backpay on basis of alleged entitlement to retroactive reclassification from GS-11 to CS-12. While conflict exists between employee and agency as to whether claimant performed GS-12 dut-ts, he occupied only GS-11 position during period cf claim. Claimant has no entitle- mnt under civil service regulations and Supreme Court held in United States v. Testan, 424 U.S. .392 (1976) that neither Classification Act, 5 U.S.C. 5101-5115 (1970) nor Back Pay Act, 5 U.S.C. 5596 (1970) creates substantive right to backpay fur period of wrongful classification. This r:tion concerns the claim of Mr. Dee R. Geddes for backpay on the basis of alleged entitlement to retroactive reclassification from GS-221-1lto GS-221-12 for the period July 1, 1971, to July 11, 1976, as an employee of the Department of the Air Force. Mr. Ceddes has appealed our Claims Division settlement dated December 9, 1977, disallowing his clair. The record shows that during the-period in question the claimant was assigned to position number 0-40005-0 which was classifi2d as Position Classification Specialist GS-221-11. The claiint alleges that during that period he performed the duties of position number 0-40003-0, which was cLassified as 0S-221-12. The claimant initially filed.a classification appeal ith the Denver U';ional Office of the Civil Senice Commiscion. However, Siace he was assigned to a different position on July 11, 1976, his appeal was cancelled on-August 26, 1976. Mr. Geddes then filed a grievance with the Air Force concerning his classification. On the basis of the Appellate Review Office Examiner's Report dated April 22, 1977, which recommended denial, the commander denied the grievance. Subsequently, the claim was disallowed by the Hill Air Force Base Civilian Personnel Branch Chief on August 22, 1977. Mr. Geddes alleges that he performed duties at the GS-12 level and he has submitted organizational charts and personal statements o! co-workers to substantiate the allegation. The Examiner's report, referred to above, ccntains the following discussion: q j L7~~ uI CECIUION FILE: 5-191153 . 0 I

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