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![handle is hein.gao/gaobadhxr0001 and id is 1 raw text is:
DECISION
il.LER L ,
7 THE COMPTROLLER GENERAL
OF THE UNITED STATES
WASHINGTON, D.C. 20548
FILE: B-194370 -DATE: January 23, 1980
MATTER OF: Livingston Lennon -Backpay po 4igher Grade
Duties]
DIGEST:: IRS GS-12 employee was detailed and subsequently
reassigned without promotion-to investigative work in
the Economic Stabilization Program from 1971 to 1973.
He contends he served as supervisor of sizable group
including GS-13's for approximately 16 months and seeks
backpay at GS-13 level for that period. Claim must be
denied under (1) Turner-Caldwell since he was not de-
tailed to position classified in higher grade, and (2)
United States v. Testan which holds that there is no
entitlement to backpay for period of wrongful
classification.
Mr. Livingston Lennon has rE'guestd further consideration of
his claim for backpay based on his contention that he performed
duties of a higher grade than the grade of the position to which
he was appointed for an extendedperiod of time.
Mr. Lennon, a Revenue Officer employed by the Internal
-* Revenue Service (IRS), grade GS-12, was detailed and subsequently
temporarily reassigned without promotion to the Economic Stabili-
zation Program to perform investigative duties from 1971 to 1973.
He contends that for approximately 16 months of this period he
served as the supervisor of a sizable group including some em-
ployees in grade GS-13, and he claims backpay at the grade GS-13 6,
level for this service. In support of his contention he has 6
submitted letters from the Civil Service Commission (CSC)rand-
his union indicating that he did perform supervisory duties.
The IRS- informs us that the, Economic Stabilization Program
was a crash program, hastily instituted without complete foreknow-
ledge of the workload or the demands. Because of these uncertain-
ties, caution was used in establishing positions and effecting
promotions. The Civil Service Commission granted special authority
to detail employees for the duration of the Program without prior
approval and many employees were detailed to unclassified duties
commensurate with their qualifications. The agency can find no
records which indicate that Mr. Lennon performed the duties of a
position classified in grade GS-13.](ViewImageLocal?handle=hein.gao/gaobadhxr0001&div=1&collection=&method=preview&ext=.png&size=3)