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Office of the General Counsel


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

Control Panel