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B-181259 1 (1976-07-06)

handle is hein.gao/gaobaddbn0001 and id is 1 raw text is: THE COMPTROLLEM GENERAL - DECISION : A, IOF THE UNITED STATES WASHINGTON, D.C. 20548 L DATE:6 76 B-131259 AT MATTER OF: Carlyle P. Stallings. - Expert employee - Claim for pay raise under Executive Order 1i1L, dated DIGEST: December 15, 1S72. Expert claims additional compensation on basis of pay increases authorized by Executive Order No. 11891, December 15, 1972. Claim disallowed as expert's rate of pay is fixed by administrative action, no provision in appointrtent made such increase auton-atlc, and no administrative action occurred to increase rate under 5 U. S. C. § 5307. By a letter dated January 6, 1076, Mr. Carlyle P. Stallings appealed that portion of Certilicate of nettlemnent No. Z-25372U1, issued June 1V, l174, which was not considered in our decision B-13125., January 23, 19t76, to wit: the disallowance of his cla im for extra compensaticn from January 7 throurh March 31, lc073 equa to the general pay raise granted Government workers under Executive Crder No. 116Ei1, dated Dectrnber 15, 1P72. In addition, Mr. Stallings requests extra conpensation from (ctober 1, V'72, to January 6, 1973, as the pay raise granted by Executive Order No. 11011 was msade retreactive to October 1, 1272, by the United States Court of Appeals In the case of National Treasury 1'reployees Union v. Nixon, 402 F. 2d 537 (D. C. Cir. 197) The record shows that Mr. Stallings was employed as a expert with the Price Cornmission and Cost-of-Living Council from June 19, 1072, through March 31, 1S73, under the authority of 5 U. S.C. § 3109 (1070) and Public Law C2-210, 85 Stat. 743, December 22, 1071. Standard Eorm 50 (SF-50), dated June 16, 1V72, is the only evidence of the terrms and conditions of Mr. Stallings's employnent as an expert. No formal contract was signed by Mr. Stallings and the Government. The SF-SO shows Mr. Stallings's salary as $26, 352 per annum, the General Schedule rate for grade 14, step 7, and $101.38 per day. the daily ecuivalent of said General Schedule rate computed In accor- dance with 5 U. S. C. S 5504 (1070). As we noted in our decision, B-131259, sunra, Mr. Stallings, like all experts employed under the provisions Tt,. C. £ 3109 and Public Law 02-210, was employed at a daily rate. The per annum rate appears on his SF-50 solely for payroll computer purposes. We further noted in said decision that as an expert employed on a daily basis, Mr. Stallings was not a regular or permanent

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