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B-196053 1 (1980-02-29)

handle is hein.gao/gaobadiau0001 and id is 1 raw text is: DECISION FILE: B-196053 {j ~ ~THE CDMPTRDLLEP GENERAL~¶L OF THE UNITED STATES VVA /S H ING TON, 0D. C. 2 05 48 tN f DATE: February 29, 1980 MATTER OF: Steve Coleman, Jr. -)Claim for Backpay Following Improper Demotion DIGEST: 1. Employee of Government Printing Office (GPO), who was improperly demoted from Policeman (First Class) to Printing and Plant Worker (Janitor) and later restored to former position as Policeman, suffered reduction in actual rate of pay upon restoration. Employee seeks to retain higher rate of pay under highest previous rate rule, 5 U.S.C. § 5334(a). However, section 5334(a) does not apply to GPO employees whose positions are not subject to chapter 51 of title 5, United States Code. Employee may not retain higher rate of pay. 2. Employee, who was demoted from Policeman (First Class) to Printing and Plant Worker (Janitor), was restored to former position retroactively upon decision of Federal Employee Appeals Authority. Employee argues that but for improper demotion he would have been promoted to Sergeant. However, absent evidence that he would have been chosen among eligible candidates or that he would have been promoted pursuant to law, regulation, or collective bargaining agreement, he is not entitled to retroactive promotion. 3. Employee, who was improperly demoted and later restored -to former position retroactively, claims backpay during period of demotion. Agency com- puted pay as if improper demotion had not occurred and determined employee's backpay would be less than interim earnings. Employee may retain interim earnings but is not entitled to any backpay. See Warren H. Kummer, B-194777, October 30, 1979. This decision is in response to a request from Mr. Stuart A. Kirsch, National Representative, Local 2738, American Federation of _75 -Government Employees, concerning the claim of Mr. Steve Coleman, Jr., an employee of the Government Printing Offi e (GPO), for retention of his current rate of pay and a retroactiv) promotion with backpay

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