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B-191153 1 (1979-01-17)

handle is hein.gao/gaobadgvi0001 and id is 1 raw text is: STHE COMPTROLLER GENERAL DECISION ~OF THE UNITED STATES WASHINGTON, D. C. 20548 FILE: B-191153 DATE: January 17, 1979 MATTER OF: Dee R. Geddes - Retroactive Reclassification - Reconsideration DIGEST: GS-11 employee, whose claim for backpay was disallowed because his position was not clas- sified upward, now claims backpay on basis of unjustified or unwarranted personnel action as defined by Back Pay Act, 5 U.S.C. 5596 (1976), in that his agency allegedly removed GS-12 level duties from his position and his position would have been classified as GS-12 if agency and Civil Service Commission had followed proper procedures. Review shows that only question to be resolved is classification of employee's position. Disallowance of claim is sustained since we have no authority to consider propriety of classification actions. This decision is in response to a request by Mr. Dee R. Geddes for reconsideration of our decision B-191153, May 15, 1978, which sustained the disallowance by our Claims Division of his claim for backpay on the basis of alleged entitlement to retroactive reclassification from GS-211-11 to GS-221-12 for the period July 1, 1971, to July 11, 1976, as an employee of the Department of the Air Force. The facts of this case were fully stated in our decision of May 15, 1978, and will not be repeated except as pertinent to the present discussion of the case. The record shows that during the period in question the claimant was assigned to position number 0-40005-0 which was classified as Position Classification Specialist GS-221-11. The claimant alleged that during that period he performed the duties of position number 0-40003-0, which was classified as GS-221-12. Our decision of May 15, 1978, sustained the disallowance of his claim on the ground that since Mr. Geddes occupied only a GS-l1 position during the entire period of his claim, and the facts as to whether the claimant performed GS-12 duties were in conflict, civil service regulations would not allow for a retroactive reclassification of the position in question. We also pointed out that the Supreme Court in United States v. Testan, 424 U.S. 392 (1976), in considering the issue of employees' entitlement to backpay when their positions were allegedly improperly classified, held that neither the Classification Act, now codified at 5 U.S.C. 5101-5115 (1976) nor the Back Pay il~ I 60/ 0 1 & ___ __Q_ - 9 __ 0 - 0

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