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Office of the General Counsel

Matter of: File Number: S9700486

OPM Contact: Joann Charleston

An employee requests that we review his claim for back pay.

Information received from the agency shows that on July 20, 1992, the employee filed an administrative grievance claiming back pay for duties performed in a higher-graded position during the period June 13, 1988, through March 3, 1993. To resolve the matter, the agency agreed to a letter clarifying the employee's duties so that he would be eligible to compete for positions under the agency's Merit Promotion Program.

As a general rule, employees may be paid the salary only of the position to which they are formally appointed, regardless of the duties they perform. Employees assigned to higher-graded positions are not entitled to the pay of those positions unless a non-discretionary agency regulation or a collective bargaining agreement requires the agency to do so. No such authority has been cited in this case.

Furthermore, although employees are not required to use the administrative grievance procedure before submitting claims to this office, when an employee has chosen to do so and reached an agreement with the agency, we will not use our claims settlement authority to interfere with that agreement.

Accordingly, the claim is denied.

Control Panel