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B-195132 1 (1981-08-06)

handle is hein.gao/gaobadjps0001 and id is 1 raw text is: 0 THE COMPTROLLERVGENERAL DECISION OF THE UNITED STATES WASHINGTON. 0.C. 2054e ONITS'D FILE: B-195132 DATE: August 6, 1981 MATTER OF: Gerald V. Mann - Backpay - Higher Grade Positions in Other Regions - Equal Pay for Equal Work DIGEST: Although classified GS-15 position did not exist in HEW Region X, a GS-14 employee claims backpay under Turner-Caldwell and the principle of equal pay for equal work, contending his duties were: (1) the same as those classified in GS-15 in other regions; (2) subsequently classified as GS-15 in Re- gion X; and (3) covered by a standard GS-15 position used in other regions which would have been established in Region X but for wrongful refusal of Regional Personnel Of- ficer. The claim must be denied under Turner- Caldwell because the employee was not detailed to a position classified in higher-grade, and under United States v. Testan which holds there is no entitlement to backpay for a period of claimed wrongful classification. Mr. Gerald V. Mann, an employee of the Department of Health Education and Welfare (HEW) - now the Department of Health and Human Services - appeals the denial of his claim for retroactive temporary promotion and backpay by our Claims Division on March 15, 1979. For the reasons discussed here- inafter, we affirm the disallowance. Mr. Mann has predicated his claim on Turner-Caldwell, 55' Comp. Gen. 539 (1975), affirmed, 56 Comp. Gen. 427 (1977), which holds that if an employee is detailed to a position classified in a higher grade for a period in excess of 120 days without Civil Service Commission approval, he or she is entitled to a retroactive temporary promotion and backpay for that period, provided the employee would have met all the qualifications and other requirements for such a promotion. However, the principal contentions made by Mr. Mann involve classification issues which were addressed by the United States Supreme Court in United States v. Testan, 424 U.S. 392 (1976). That case holds that there is no entitlement to backpay for a period of claimed wrongful classification and that a Federal employee is entitled to receive only the salary of the position to which he is appointed, even though he may have performed the duties of another position or claims that he should have been placed in a higher grade. 11i J

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