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B-170182 1 (1973-12-26)

handle is hein.gao/gaobaadrp0001 and id is 1 raw text is: 1PPt , J q~a4 jCOMPTROLXR GENERAl. OF THEUNITED STATES ,9A. WAIIHINGTOE, D.C.2420 FA gabqr26v 1973 3-170182 The Tuanorable The Secretary of the Navy Cl Dear Hr. acretary; We have aor consideration a Utter from the Premident, Pedoral Employees Metal Trades Council# Dox 2195, Vaflejo, Califorria, con-earniug the eutitlement of certoin wage Grade ezployeeu of the ILaro Island Naval Shipyard to additional payments of environmental dtfforeotial under sub- rhapter 8-7 and Appendix J of Federal Pcrunnnel Manual (fPl) Supple- ment 532-I The iseue of their entitlement is the subject of a report from your Office of Civilian Managenmant dated October 23, 1973, reference OM1 O1A/5321:brf. The eployaen involved are painters who, in the course of their duties, perform work froM personnel boxes uopmnded from cranes, On or about July 13, 1971, seven painters iitiated a grievance, claiming entitlement to payment of an environmenti., dlferential for such vrk in accordance with Appendix J which, in pertinent part, authorizes pay- ont of a 25 pertent differential for vork at a hoight of les than 100 feet above the ground, deck, floor or roof, or from the bottom of a tank or pit if the footing is unsure or the structure is unstable. After attempts to adjust the grievance proved fruitless the parties invoked the contractual arbitration procedure. On January 12, 1972, Hr. eWayne L. HoNaughton, Arbitrator, rendered an a-ard and opinion holding that the employees had established en- titlement, in accordance with the criteria set forth at Appendix J, to payment, of an environmental difforential of 25 percent for work at nlonier heights. He held the so entitled as of the start of the nearet pay pcriod following data of award. On Jauuny 21, 1972, the Marc Island Naval Shipyard acknovlodged that it would accept thu award. The Federal Employees Htal Trades Council, howevar, petitioned the Federal Labor Ralations Council for revia of the arbitrator's nard insofar an it restricted payment of the differential to the period subsequent to award. In its p atition, the Trades Couacil argues thata 'A A A the Arbitrator in FLI 72A-14 ** * oxnseded his authority when hc reatticted the payment r I( /UU/-44 ? 8 - .09Q06

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