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B-191768 1 (1978-10-02)

handle is hein.gao/gaobadglk0001 and id is 1 raw text is: DECISION FILE: 8-191768 5 THE COMPTROLLWER GENER L & OF THE UNITED EVATEP X' 1: *WASHINGTON. D. C. 10545 DATE: Octobn 2, 1978 MATTEP OF: Robert ann--Retroactive Promotion--Ex- tended Detail DIGEST:. A GS-12 employe? was deiailed to a GS-14 position between July 17, 1972, and January 31, 1975. To satisfy the 1-year in-grade requirementsof the Whitten Amendreut and the required qualifying exporiencr fo:' promotion to GS-4, he is entitled to a retroactive temporary promotion restricted to GS-13 for 1 year, beginning on the 121st day of' the detail. Having then satisfied the 1-year service requir-ments at GS-13, he is entitled to e retroactive temporary promotion to GS-14 for the re- mainder of the detail. * g I This decision is in response to a rei.-,;<st from tne Assistant Secretary of Labor for Administration and ..,hagement for an:Ldvance decision as tc'Sahether Mr. Robert Ran:i, an employee of the Depirtment of Labor in the New York Region, may receive temporary retroactive promotions becausi of an .mproperly extended detail to a higher grade position- Mr. Rann, who occupies a position designated Manpower Develop- ment Specialist, GS-12, was detailed from July 17, 1972, to January 31, 1975, to perform the duties cf a position classified as Supervisory Manpoer Development Specialist, GS-14. Except for the period between September 15, 1974, and January 13, 1975, when he.was teporarily pro- uoted to a position of Supervicory Mgnp6wer Development Specialist, GS-13, he continied to occupy his GS-12 position while he served on the GS-14 detail. Since the Whitten Amendment, 5 U.S.C. 3101 (note), required Mr. Rann to serve 1 year at grade GS-13 before he could be given a temporary promotion to grade GS-14, the Civil Service Com- mission's Bureau of Recruiting and Examining advised the Department of' Labor by letter of December 15, 1977, that Mr. Rann could not receive a retroactive temporary promotion to grade GS-14 for the period of his detail. The Department of Labor asks whether Mr. Rann may be granted two temporary retroactive promotions. The first would be a one- grade promotion to GS-13 for a period of 1 year beginning on the 121st day of his detail to the GS-14 position. The one-grade pro- motion for 1 year would satisfy the Whitten Amendment, as well as the 1 year of qualifying experience at grade GS-13 required by the K a5- -'.1-i

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