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B-196216,B-196222,B-196223,B-196228,B-196247 1 (1980-05-16)

handle is hein.gao/gaobadigo0001 and id is 1 raw text is: &LELR G/3 ? -3 o pTHE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHINGTON. O .C. 20548 B-196216, B-196222 to 224 FILE: B-196228 to 234 DATE: May 16, 1980 -196247 to 250, B-196264 MATTER OF: oly Green arshal, et al. - Retroactive Promotions and Backpay DIGEST: Sixteen Social Security Administration (SSA) employees were recommended for- promotion from GS-12 to GS-13 but were not promoted because of agency freeze on such promotions because of question of validity of GS-13 position classifica- tion. Although Assistant Secretary of Labor ruled that SSA had committed unfair labor practice by not conferring with union on freeze, employees are not en- titled to retroactive promotions with backpay since SSA has discretion as to time of promotions, Assistant Secretary did not direct retroactive promotions, and mere existence of positions does not entitle employees to higher-grade posi- tions. This action is in response to appeals by 16 employees of the Social Security Administration (SSA), Department of Health, Education, and Welfare, o our Claims Division settlements which denied their claims o 55,4 for retroactive promotions and backpay The employees have designated the American Federation of Government Employees (AFGE) as their representative in this matter. Each of the employees worked as a Hearings and Appeals Analyst, GS-12, for the SSA. The employees are members of an AFGE unit which was certified as the exclusive bargaining representative. The unit includes analysts classified as GS-301-9/11/12/13. Commemcing in September 1975 the Civil Service Com- mission (CSC) commenced routine audits of positions within the SSA. In May 1977 a vacancy announcement for an analyst position stated that the position had a promotion potential of at least GS-12. A union re- presentative questioned a management official about that statement since prior to that time the promotion potential of analysts was up to GS-13. The union official was informed that although the classifica- tion studies were incomplete, they raised some ,4C,4, &Vwe5 ---4 It 7.- 1- ()

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