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B-175430 1 (1973-12-19)

handle is hein.gao/gaobaadsa0001 and id is 1 raw text is: 19) COMPTROLJ ER GENERAl. OF THE UITED STATES \;, ..* V' / WASIIIaTOW, P.C. 0344 9i 175430 eeb 1?*97 Kr, John T. lcDonough 35 Jersey Street Dadham, Hlacuachusetts 02026 Dear Mr, NlcDonough: Referenco is made to your tetter of September 24, 1973, with enclosure, concerning your claim that you are entitled to a higher rate of pay in connection with your reassigaent from a wage board position to a General Schedule position incident to a reductioi in force. Your clhim was the subject of our advance decivion, B-175430, June 1, 1972, which held that you are not entitled to a higher rate of pay since your rite of pay was fixed in accordance with departmental. rcguhations und pol.4;,id and within the allowable administrative dieoretion of the agency, At the time of your reassirnint, the annusi equivalent salary of your w .ge board ?osicion was about ,11,690, tut due to a nichi differeitial you were receiving an annual equivalent splary of $12,168. You believe that night differential should have been included in the salary used to determine the compensation of your new position and that, accordingly, your rate rhould have been fbied at grade GS-9, step O, $12,l64 per annun, instead of the rate att w hich your salary i:a& adiriotra- tively established, 0,S-9, stop 7, $11,855 per annum. Our decision of June I, 1972, sup, 3tated that for the purpose of determining 'te highest previous rate in a wage board poaltion %ehere the cnployac, is tr4nvferrlng xcom a wage bozrd position to a General Schtdule poiition, the night differential of the wage bo.ird poition should be in,.luded an part of the rate of bhosic pay. Our decision furtter %tatod that this meant that your etency had the authority to fix your snlary at the rate for GS-91 step 8, but that your rate was not fixed on the basis of your highest previous rate. You believe that your agency did not recognize night differential as part of basic pay and therefore incorrectly computed your rato of pay for your new position. Also, on the basis of a statenient of the.: Employwent Division that you were being promoted because your new hourly rat e;ould be higher than your previous Echadulod hourly rte and thu rtntemont oiI the Noti .cat'on of Personnel Action, cf&cctive Oeptabor 13, ).970, thn-t the action wnr. a P~ramot ih itli.4, you believe that the intent cof' :h4 perconnel . l wK)BEST DOCUMENT AVAI[ABOj

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