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B-211784 1 (1984-05-01)

handle is hein.gao/gaobadlra0001 and id is 1 raw text is: THE COMPTEOLLE GERAL O CISION . , . OP THE UNITEO STATUE SWASHINGTON. 0.C. 20548 FILE: B-211784 DATE: may 1, 1984 MATTER OF:Department of Agriculture--Retroactive Promotions--Nondiscretionary Agency Policy DIGEST: Eight employees whose promotions were delayed due to a clerical error which occurred prior to approval of the promotion request by the authorized official may be retroactively promoted because of failure to carry out a nondiscretionary agency policy. Although not committed to writing, there was an established nondiscretionary agency policy to promote entry level plant protection and quarantine officers on their earliest eligibility date. This policy was implemented by established procedures, and was routinely communicated to affected employees. The agency's failure to carry out its nondiscretionary policy was an unjustified or unwarranted personnel action under the Back Pay Act, 5 U.S.C. S 5596 (1982). This is a request for a decision from John R. Block, Secretary of Agriculture, concerning the entitlement to retroactive promotions of eight employees whose promotions were delayed due to a clerical error which occurred prior to approval of the promotion requests by the authorized official. We find that although it was not reduced to writing, the agency had a nondiscretionary policy to promote employees on their earliest eligibility date. Accordingly, the eight employees may be retroactively promoted. FACTS The facts in this case are relatively simple. During the summer of 1981, the Animal and Plant Health Inspection Service (APHIS) hired a total of 193 plant protection and quarantine officers, GS-436, at the GS-5 and GS-7 grade levels. This case involves eight of those officers who worked in San Juan, Puerto Rico, but came under the admin- istration of the Miami Area office. O~1 ~1

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