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Pay & Leave Claim Decisions

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Office of the General Counsel

S9601475

Dear Captain[xxx]:

We have reviewed the backpay claim that you submitted on October 25, 1996, concerning[xxx], a civilian employee at Naval Air Station. Mr. [xxx] claims that while a Motor Vehicle Operator, WG-5703-05, he performed duties at the grade 6 level from January 1991 until he received an accretion of duties promotion on May 29, 1994. Initially, we note that we may not settle claims that are subject to a negotiated grievance procedure under a collective bargaining agreement and that, until October 23, 1993, such an agreement was in effect in Mr. [xxx]'s unit. Accordingly, we may consider only that portion of Mr. [xxx]'s claim that accrued after that date. For the reasons expressed herein, that portion of Mr. [xxx]'s claim is denied.

A federal employee is entitled only to the salary of his appointed position regardless of the duties he performs. 69 Comp. Gen. 140 (1989); 52 Comp. Gen. 631 (1973); Joe M. Butto, B-212417, October 21, 1983; Rasp, supra; and Elizabeth McLaughlin, B-186556, July 27, 1976. 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. Butto, supra, citing Testan v. United States, 424 U.S. 392 (1976).

Sincerely yours,

Murray M. Meeker
Senior Attorney

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