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B-192759 1 (1978-11-17)

handle is hein.gao/gaobadgoo0001 and id is 1 raw text is: 

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                  &<THEr cc    IPrRELLMn GENERAL
DECISION                   OF  THE UNITEU UTATEB
                  K$\WASHINGTON. 0. C. 20545



FILE:   B-192750                 DATE: November 17, 1978

MATTER   OF: Merle H. Morrow  - Retroactive Temporary
             Promotion


DIGEST:


Employee was, detailed from her excepted
service positior to higher grade competitive
service position for 2 years without prior
approval from Civil Service Conmission.
Cominission Rule. VI requires that employee
s rvfng under exicepted appointment shall be
assigned to competitive service position only
with prior approval of Commission. There-
fore, although employee was improperly placed
in over16ng detail she may not receive retroactive
teiporary promotion.  Our Turtier-Caldwell
andRandn   decisions make it clear that if certain
regulatory requirements concerning an employee's
entitlement to retvoactive temporary promotion
are not met there is no entitlement to retroactive
temporary promotion.


    The Honorible Eleanor Holries Norton, Chair, Equal
Employment  Opportunity Commission (EEOC), has requested a
decision as to whether Ms. Merlk H. Morrow, who is eiployed
by EEOC  in an excepter!oervice position as in attorney-adviser.
GS-905-13, is entitlcd to a retroactive temporary promotion for
having been detailed to perform the duties of an equal opportunity
specialist, GS-160-14, a position in the competitive service.

    Chair Norton states that on June 24, 1974, Ms. Morrow was
detailec on a tehporary part-time basis (20 hours per week) to
perform the duties of an equal opportunity specialist. After 1
year Ms. Morrow  served in the equal opportuniLy specialist posi-
tion full-time rather than part-time. , Ms. Morrow's detail was
effected without the knowledge or approval of EEOC's Personnel
Office and upon learning of M1\. Morrow's detail the Director of
Personnel ordered its termination.

   Ms.  Morrow filed a grievance requesting backpay as provided
for in Federal Personnel Manual (PPM) Supplement 990-2, Book
550, Subchapter SB-6c(6)(c)- Junre 16, 1977, which stales in pat:

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