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B-199090(HID) 1 (1980-08-18)

handle is hein.gao/gaobabjvo0001 and id is 1 raw text is: 


                                 M! t   HE UNITED STATES
                          WASHINOTON D.   A




                                              In Reply Refer To:
                                              B-199090 (HID)


                                              August 18, 1980
The Honorable Timothy E. Wirth
House of Representatives

Dear Mr. Wirth:

     We refer to your letter dated May 1, 1980, on
behalf of your constituent, Mr. Jimmie H. Webb, an
employee of the Department of Energy in the Grand
Junction Office, Grand Junction, Colorado. He raises
a question regarding the pay of geologists in relation
to that of mining engineers7in the Grand Junction Office.
Specifically he does not feel he has received equal
treatment with regard to his pay as a GS-I1 geologist
because mining engineers holding the same position
receive an additional 15 percent pay differential.

      Section 5303 of title 5, United States Code,
authorizes the President to establish special salary
rates when he determines that private enterprise salary
rates for an occupation are substantially above Federal
rates so as to handicap significantly the Government's
recruitment or retention of qualified personnel. By
Executive Order 11721, dated May 23, 1973, the President
delegated his authority under 5 U.S.C. § 5303 to the Civil
Service Commission (now Office of Personnel Management).

      Thus, Office of Personnel Management has been vested
with exclusive authority to determine the necessity for
and to establish higher rates of compensation for
certain occupational classes, subject to the conditions
set forth in the statute and the Executive Order. The
bffice of Personnel Management has determined that mining
engineers are within this category. Therefore, the salary
rates and ranges for mining engineers are allowed to ex-
ceed those of similar occupations at the various grade
levels. Unless Mr. V1ebb is a mining engineer, as well as
a geologist, he is not entitled to the special rate
established by OPM for mining engineers.




                              7 44-

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