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B-196354 1 (1979-12-14)

handle is hein.gao/gaobabjqf0001 and id is 1 raw text is: COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. D.C. 2fl48 B--196354 December 14, 1979 The Honorable Spark Matsunaga United States Senate Dear Senator Matsunaga: This is in further response to your letter of November 21, 1979, regarding the Comptroller General's rulings allowing an exception to the no work, no pay rule in cases involving claims for overtime pay. The document enclosed by your constituent, Robert K. Sellers, appears to be an analysis prepared by agency management of the potential impact of an arbitration award on future grievances relating to the assignment of overtime- in the bargaining unit in question. Without more information, we are not in a position to comment on the analysis, or the impact of the award on future grievances filed under that particular collective bargaining agreement. However, the following information is provided with respect to the Comptroller General's rulings referred to in the memorandum, and related amendments to the Back Pay Act. The authority under which an agency may pay backpay is the Back Pay Act of 1966, 5 TU.S.C. § 5596, as amendedlby Section 702 of the Civil Service Reform Act, Public Law No. 95-454, October 13, 1978, 92 Stat. 1111, 1216. That Act authorizes the payment of - backpay where an appropriate authority determines that an employee has been affected by an unjustified or unwarranted personnel action which has resulted in the withdrawal or reduction of pay, allowances, or differentials. Prior to 1974, the Back Pay Act was interpreted to authorize backpay only when the unjustified or unwarranted personnel action resulted in the actual loss or reduction of payments previously due an employee. In other words, backpay was authorized only where the unjustified or unwarranted personnel action was an act of commission, e.g., suspensions, demotion, reduction in pay, etc. The employee had to have lost something he previously had. Acts of omission, such as the failure to properly assign overtime, or

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