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B-204019 1 (1982-02-08)

handle is hein.gao/gaobadkbb0001 and id is 1 raw text is: (77/ ,/ DEICISION T-E COMPTROLLER OSNERAL OF THU UNITED 6TATE WASHINGTON, tD o 20540 FILE: B-204019 DATE: February 8, MATTER OF: George 'wohy - and Backpay Retroactive Promotion DIGEST; Although employee in grade GS-9 became eligible fo' career-ladder promotion on July 15, 1979, he was not promoted to grade GS-il until June 15, 1980, rmployee is not entitled to promotion with backpay retroactive t.o the date of his eligibility since agency has discretion as to time of promotion and there existed no administra- tive error warranting retroactive promotion. This decision is in response to a request from Zane G. Smith, Jr., Reilional Forester, U.S. Department of Agriculture (U.S.D.A,), and Local 1650, National Federation of Federal |Employees (NFFE), concerning the claim of Mr.nGeorge Twohy for aaretroactive promotion. This decision has been handled as a labor-relations matter under our procedures in 4 C.F.R. Part 21, as amended, 45 Fed. Reg. 55689-92 (August 21, 1980). The claim is denied since the granting a discretionary matter primarily within the agency involved. of promotions the province The U.S.D.A. Forest Service, Pacific southwest Region, hired Mr. Twohy as a GS-9, Airplane Pilot, on July 16, 1978. At that time, the Forest Service advised Mr. Twohy in a job offer letter that he would be given the opportu- nity to receive a careerrnladder promotion to GS-li after I year's service provided he was determined by the agency to meet certain performance requirements, Although Mr. Twohy received a within-grade increase on July 15, 1979, his subsequent request for promotion to grade GS-lI was denied. In this connection, Mr. Twohy's immediate supervisor informed him that he had not demonstrated sufficient ability to perform at the higher grade level. The claimant was not promoted to grade GS-11 until June 15, 1980. Mr- Twohy filed a grievan:e under procedures outlined in th NFFE Mast.er Agreement, claiming between the GS-9 salary he rece with the Forest Service e U.S.D.A. Forest Service - backpay for the difference ived and the GS-i salary 4 1982 is of G'*, t , Ln

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