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B-203622 1 (1982-01-19)

handle is hein.gao/gaobadkaf0001 and id is 1 raw text is: DECISION FILE; B-203622 MATTER DIGEST; OF: THE COMPTROLUR GENERAL OF THESUNITED eTAT'e WAS HINGTON, o, o, 204 El DATE; January 19, 1982 Donald J9 Tate 1. Employee filed grievance with his agency alleging that his rating for promotion should have been higher. Agency denied grievance and employee alleges that agency violated grievance procedures primarily by not abiding by time limitations, ters relating to grievances are not for the Gerferal Accounting Office, but are for the employing agency and' Office of Person- nel Management both of which considered the employee's complaints and Lound them to be without merit. 2. Employee claims that delays in grievance procedures are adequate bases to give him bacJpay and a rate of pay upon promction above that he is entitled to based on his actual status, Backpay may only be paid if a statutory basis exists for the entitlement, and a delay in a grievance which denies the relief sought by the grievant does not fall under any statute authorizkng backpay. Since employee is not entitled to backpay, his rate of pay upon promotion must be based on his status when promoted. 3. Employee claims that his rate of pay upon promotion should have been higher to reflect a promotion to a different pouition he did not receive since he was entitled to promotion and even if he was not, that delay in handling his grievance entitles him to this. Employee is entitled to higher rate of pay only if the denied promotion was one that he was entitled to under statute or a nondiscretionary agency policy. Since employee was not entitled to the denied promotion, the rate of pay upon the subsequently granted promotion was correct. .t $ 49 0. a * p .0 0 r * .0 * S ~ * .3 1 .4.5w 1

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