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B-196691 1 (1980-05-15)

handle is hein.gao/gaobadigm0001 and id is 1 raw text is: /'?95-0 THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. D.C. 2054e FILE: B-196691 DATE: May 15, 1980 MATTER OF: Sherman D. Rachels, et al. Where same duties were concurrently classified and filled at WG-ll and WG-13 pending action to properly establish those duties at the lower grade, grievance determination that WG-ll employees should be given retro- active temporary promotions with backpay may not be implemented. Backpay is not available as a remedy for classification inequities and because employees performed duties of their appointed WG-11 position, they were not detailed to higher grade WG-13 positions so as to entitle them to retroactive temporary promotions under Turner-Caldwell decision. By a letter dated October 12, 1979, Mr. T.M. Domin, a disbursing officer at the Naval Air Station, Pensacola, Florida, requests an advance decision on the Propriety of retroactive temporary promotions and backpayj for Mr. Sherman D. Rachels and other employees of the Naval Air Rework Facility (NARF). -0 6 The record shows that on July 3, 1979, as a result of a grievance appeal, Mr. Rachels and 7 other NARF employees were awarded retroactive temporary promotions and backpay by the Commanding Officer, NARF. The grievance appeal determination stated in pertinent part: 3. I have reviewed the facts and circumstances of this grievance. The record reflects that you and the other WG-2663-ll mechanics in Shop 65101 have been performing essentially the same duties as the employees in Shop 65101 who are currently classified as WG-2650-13 mechanics. As you may know, the proper classification of the WG-2650-13 mechanic position has been I 2.3V7 DIGEST:

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