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B-212417 1 (1983-10-21)

handle is hein.gao/gaobadljm0001 and id is 1 raw text is: DECISION FILE: B-212417 THE COMPTROLLER GENERAL OF THE UNITEO STATES WASHINGTON, O.C. 20548 DATE: Octobei 21, 1983 MATTER OF: Joe M. Butto DIGEST: An employee of the Air Force claims backpay for the difference in pay between WG-7 and WS-5 grade levels because his job descrip- tion contained supervisory duties. A Gov- ernment employee is entitled only to the salary of his appointed position regardless of the duties he performs. Also, the United States Supreme Court has held that neither the Back Pay Act nor the Classification Act creates a right to backpay for past periods of alleged wrongful grade classification. Hence, the employee's claim may not be allowed. The issue presented is whether Mr. Joe M. Butto, a civilian employee of the Air Force, may be retroactively compensated at a higher rate for having performed super- visory duties. There is no authority for retroactive compensation in these circumstances.I Mr. Butto was appointed to the position of motor- vehicle operator, grade WG-7, on June 30, 1974, at Mather Air Force Base, California. He remained in this position until January 11, 1982. The position descrip- tion included management responsibilities at the Base Linen Exchange, including the supervision of two grade WG-6 motor vehicle operators. Mr. Butto suggests that he should have been compensated at the higher grade WS-5 level because of the supervisory functions of his posi- tion. Therefore, he claims backpay for the difference in pay between the WG-7 and WS-5 grade levels from June 1974 to January 1982, in a total amount of $30,561.28. At the outset we note that under the provisions of 31 U.S.C. S 3702(b) all claims and demands against I This decision is in response to a request dated July 14, 1983, from the Accounting and Finance Officer, 323d Flying Training Wing, Mather Air Force Base, California, which was submitted under the provisions of 31 U.S.C. S 3529. O1L~cq

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