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B-197069(VBG) 1 (1979-12-28)

handle is hein.gao/gaobactyv0001 and id is 1 raw text is: 







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GAO
United States General Accounting Office
V/ashington, DC 20548


Office of
General Counsel


4#1


   In Reply
   Referto: B-197069(vac)




December  211, 1979


Mr. Richard  E. George
Businean  Manager and
  Financial  Secretary
Local Union  570
International  Brotherhood of
  Electrical  Workers
150 South  Tucson Boulevard
Tucson, Arizona  35716


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Dear Mr. George:


      I refer to yo'vr letter of November 29,  1979, concerning  the
applicability  of decision  8-193326, February  1, 1979, 50 Comp.  Gen. 251,
to an agreement  negotiated  between the  International Brotherhood  of
Electrical  Worker  (ImEW),  Local 570, and  the Departmnnt of  the
Interior's  Bureau of  Indian Affairs, San Caclos  Irrigation  Project.

     You  state that the  rates of pay negotiated  onii'ohalf of the
enployees  of the Son Carlos  Irrigation Project  by Lccal 570,  are
based on  the prevailing  rate.  Your enclosures  indicate, however,
that the wages  negotiated  by Local 570 have  been declared subject  by
Department  of the Interior officials  to a 5.5  percent pay cap  for
flscal year  1979 and a 7 percent  pay cap  for fiscal year  1980#
Accordingly,  you request a written  clarificatfon  of the applicability
of section  9(b) of Public Law  92-392, August  19, 1972, to a  7 percent
wage increase  negotiated  for the employees of  the San Carlos  Irritation
Project.

     The  legal basic for  the Department's application  of a pay  cap to
the San Carlos  Irrigation  Project employees  is not cited.  Section
614(a) of  Public Law 95-429,  Octobet 10,  1970, did impose a 5.5
parcent pay  cap on ceritain Federal employees.   If, however,  the
employees of  the San Carlos  Irrigation Project  do have their wages
negotiated  under section  9(b) of Public Law  92-392, then section
614(a) of  Public Law 95-429 would  uppear to have  no application  to
them.  58  Comp. Gen. 251  (1979).


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