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

B-225918 1 (1988-04-14)

handle is hein.gao/gaobadnbm0001 and id is 1 raw text is: The Comptroller General 4of the United States Washington, D.C. 20548 Decision Valerie Pannucci Reynolds - Backpay for Period Matterof- bf Erroneous Classification File: B-225918 Date: April 14, 1988 DIGEST An employee seeks bac1pay for the period during which she performed the duties of a position which was later reclassified to a higher grade. The employee is not eligible for backpay since a federal employee is entitled only tohe salary of the position to which the employee is appointed, regardless of duties performed. Even though a position is subsequently reclassified to a higher grade consistent with the duties the employee has been performing, such action may not be made retroactively effective. United States v. Testan, 424 U.S. 392 (1976). We find that the step III grievance decision awarding backpay to the employee is in error and may not be implemented. DECISION This is a joint request for a decision pursuant to 4 C.F.R. Part 22 (1986) from an agency and a union concerning whether the agency can award backpay pursuant to the decision of, management at step III of the negotiated grievance procedure. We conclude that the award may'not be implemented since reclassification of a position may not be made retroactively effective and there is no monetary remedy for periods of erroneous classification. BACKGROUND Ms. Valerie Pannucci Reynolds was employed at the Department of Housing and Urban Development in July 1980 as a grade GS-09 Budget Analyst. Ms. Reynolds was promoted to grade GS-11 in August 1981 and to grade GS-12 in April 1983. She then began requesting a promotion to grade GS-13 on a yearly basis but was not ptomoted. On January 17, 1985, as part of an office-wide position management review, Ms. Reyn6ld's position description was revised and certified as accurate. The position was not C~LW~,8O

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