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B-183083 1 (1975-11-28)

handle is hein.gao/gaobadcrm0001 and id is 1 raw text is: 9-.DLERG -i ..o THE COMPT. JLLER GENERAL FEiCISION . . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: DATE: NOV B 1975 B-183083 MATTER OF: Department of the Interiot - Preliminary Agree- ment to Set Effective Date for Wage Rates DIGEST: Interior Deparkent and AFGE negotiate wage rates for wage board employees. Union desires to agree in advance to effective date of new wage agreement while continuing to bargain over rate. Interior claims such a preliminary agreement must contain independently ascertainable standard for wage rate in order to avoid ban on retroactive wage increases. Such an interpretation is not warranted by our past decisions. It is permissible for an agency to agree in advance on an effective date to implement wages yet to be negotiated where the agreed upon date is not earlier than the date of the prelimi- nary agreement. Both the Department of the InLterior and the A-erican ederation of Government Employees (AFGE) have requested that we clarify our earlier decisions concerning the effective implementation date of certain nego- tiated wage schedules of Interior Department employees. The AFGE request applies to their Locals 1899 and 1916 representing employees of the Bureau of Mines and the Mine Enforcement Safety Administration. The Interior Department requests our decision more generally, so as to advise them concerning their entire range of collective bargaining agreements, numbering approximately 25 at the present time. The AFGE request advises us that the two locals negotiate directly with the two agencies mentioned above. iowever, at certain times the parties are unable to agree to new compensation schedules prior to the expiration of their then presently existing contracts. a such occa- sions the unions have attempted to make agreements with the agencies to make any compesation schedule ultimately adopted effective as of the day after the expiration date of the existing contract. According to AFGE, however, the Interior Department has consistently refused to bargain on this point on the basis of Comptroller General decisions and has contended that the entire new agreement must be agreed to simultaneously. The Department's view is modified only to the extent that if labor and management preliminarily agree that the prevailing wage in the area, or some equivalent which can be independently ascertained, is agreed to, then when that rate is ascertained, it may

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