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OPM Contact: Murray M. Meeker
The claimant, an employee of the [agency], asserts that he is
entitled to backpay for the period from May 1996 through January
1998, when he was detailed to perform the duties of a higher graded
position. For the reasons discussed herein, the claim is
To establish a claim for backpay based on a detail to a higher
graded position, a claimant must show that (1) an agency regulation
or agreement requires a temporary promotion for such a detail to a
higher graded position and (2) that the claimant was, in fact,
detailed to a higher graded position. GPO's regulations mandate
that temporary promotions be granted to employees detailed to
higher graded positions for more than 30 days. See
Philip M. Brey, B-261517, December 26, 1995, and
Howard A. Morrison, B-210917, August 10, 1983. Thus, the
claimant satisfied the first requirement for a back pay award.
However, the claimant does did satisfy the second requirement.
By memorandum dated January 21, 1998, the claimant's supervisor
explained that while the claimant performed some of the duties of
the higher graded position, the claimant did not perform the full
range of duties, nor did the claimant perform the higher graded
position duties on a continuous basis. On the contrary, the
claimant and another [agency] employee shared responsibility for
performing some of the duties of the higher graded position on an
alternating weekly schedule. The claimant has acknowledged that he
rotated on a weekly basis with another employee in performing the
duties of the higher graded position.
Consistent with the fact that the claimant only performed higher
graded duties on a rotating basis, the agency has noted that the
claimant did not perform higher graded duties for more than 120
consecutive days. The agency has also reported that the claimant
did not meet the time-in-grade requirement to be eligible for
promotion to the higher graded position.
This settlement is final. No further administrative review is
available within OPM. Nothing in this settlement limits the
employee's right to bring an action in an appropriate United States