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B-183086 1 (1978-09-07)

handle is hein.gao/gaobadgim0001 and id is 1 raw text is: ax D~CISTDN CPMPTflOLLEP GErNfl:RAL/& / D r cI r., 10ImOF THE UNITED SJTATES W A SHiING TO0N, D.tC. 2 054l#1 t 't q. FILE: B-183086 DATE; SeO %twaor 7, 1970 MATTER DIGEST: OF; Retroiative temporary promotion for extended details to higher grades, Department of Health, Education, and Welfare detailed employees to higher grade positions, but finds it difficult or impossible to ahow that vacancies existed. Claims of employees for backpay under Turner-Caldwell, 56 Comp. Gen 427 (1977), may he considere4 without any finding of vaGancies. It is not a con- dition for entitlement to a retroactive temporary promotion with backpay that there must have existed, at the Lime a detail was ordered, a vacant position to which the claimant was detailed. However, the position must be established and classified, This action is in response to a letter dated Juno 5, 1978, from the Asnistant Secretary for Personnel Administration, Department of Health, Education, and Welfare, requesting an interpretation of our Turner-Caldwell decision B-183086, dated March 23, 1977, 56 Comp. Ceon, 427, with respect to Identical-Additional (IA) positions. The Assistant Secretary states that IA positions exist where large bodies of employees are appointed to do the same work tinder one coummon position description and classification. The lutter states that it ia the understanding of the Department of Health, kducation, and Welfare that a condition for entitlement to retroactive temporary promotton with backpay is that there must have existed, at the time the detail was ordered, a vacant, officially classified position to which the claimant was detailed. However, it appears that a number of employees have been detailed to higher grade duties, but it may be difficult or impossible in some cases to show that vacancies existed. Therefore, we. have been asked whether the position to which an employee it; detailed must be vacant before he. can acquire entitlement to a retroactive temporary position with backpa. Our recent decinion B-1(1266, dated June 12, 1978, 57 Comp, Con. , concerned a request by the Federal Labor Relations Council for an advance decision as to the legality of implementing a backpay L i -a-I - I

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