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B-198172(MRV) 1 (1980-10-08)

handle is hein.gao/gaobabjwu0001 and id is 1 raw text is: ' \-\ COMPTROLLER GENERAL OF THE UNITED STATES WASHINGTON. O.C. .2048 REFERN TZ B-198172 (MRV) October 8, 1980 The Honorable Daniel K. Inouye United States Senator Prince Kuhio Federal Building 300 Ala Moana Boulevard, Room 6104 Honolulu, Hawaii 96850 Dear Senator Inouye: This is in response to your inquiries on behalf of Mr. Mariano Debusa, Jr., an employee of the Department of the Navy, concerning his laim for additional compensation ncident to his transfer in 196 Pfrom a prevailing rate posit'ion-o a position under the General Schedule. His claim was denied by our Claims Division on April 19, 1979. Mr. Debusca contends that prior to 1974 the policy of the Navy . was to include the cost-of-living allowance (COLA) payable for the General Schedule position in fixing the rate of pay upon transfer from a wage board to a General Schedule position and that his pay was set under this policy in 1966. However, in 1974 the Navy changed its policy to exclude COLA from the pay setting determination, and that change resulted in employees receiving higher rates of pay for transfers like Mr. Debusca's. Mr. Debusca argues that this change of policy is inequitable and that he is not receiving equal pay for equal work. We have recently been advised that the same issue in Mr. Debusca's claim is also the subject of a lawsuit filed by other Navy employees in Ralph K. Ah Sam v. United States, Ct. Cl. No. 352-79C. We have been advised by the Department of Justice that the court in this case is currently considering motions for summary judgment filed by both plaintiff and defendant. Since it is the long-standing policy of this Office not to issue decisions on questions which are before the courts, we will hold Mr. Debusca's claim in abeyance pending a decision in the Ah Sam case. '/

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