About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-204299 1 (1982-06-02)

handle is hein.gao/gaobadkiw0001 and id is 1 raw text is: D Csnvor FILE: B-204299 ' I TI-V0COMPTROLLER OENIRAL ,'i. 0 . THE UNITULI STATEa WASHINGTON, 0. 0, 20154 DATE; June 2, 1982 MATTER OF; Edward C. Biewald - Retroactive promotion DIGEST; 1. A developmental air traffic controller, GS-9, step i, transferred through the Federal Aviation Administration (FAA) Merit Promotion Program to another duty station which had a full performance level of GS-12, The FAA required that the employee complete the training and facility qualification requirements at the new station, in addition to meeting the time-in-grade requirement, before he could be promoted to the developmen- • al grade of GS-Il, Tile employee claims that the FAA committed an administrative error since an FAA regulation required the agency to promote him to the GS-Il position when he met the time-in-grade requirements even though he had not fulfilled the training and faeillity qualification reqdirements. The cited regulation doeu not require the FAA to promote the employee in this situation, and, therefore, his claim is denied. 2. A developmental air traffic controller, GS-9, step 2, who had been transferred pursuant to FAA's 14erit Promotion Program to another duty station, but failed to complete the training and facility requirements at the new sta- tion, requested and received astrans- fer back to his original duty stat.ion at the same grade, GS-9, step 2, The employee contends that the FAA committed an administrative error by failing to promote him upon his trans- fer back since an FAA regulation required such a promotion. However, regulation cited only covers employees who upon transfer have been demoted, and since the employee was not demoted, FAA did not commit: an administrative error and the claim for a retroactive promotion is denied. Pie' -. -

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most