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B-186896 1 (1976-11-02)

handle is hein.gao/gaobaddyu0001 and id is 1 raw text is: ~ 4~/W~~ ~ TE~CIJIVIPTIIr-flIIMWP l 3ZIUFJPAL DECISION 0OF TH1-1UU N I TEUEDOTATMlEi 1:0 0NC R0 41- FILE: B-186896 MATTER OF; DiG E31: DATE: Novebnhe 2, 1976 Juhn 09 Johnson - Supervisor's retroactive pay adjustment Supervisor, whose salary was less than thtt of wage board employee supervised, did not receive pay adjustment he was entitled to under written agency polYicy. 5 U.SC9 5333(h) authorizes agencies to adjust pay of General Schedule supervisors who supervise wage board employees with higher pay rates. Failure to fuilow mandatory ageacy policy is unjustified or unwarranted personnel action, Accordingl superviLor is entitled to retroactive pay adjustment under Back Pay Act of 1q66. 55 Conp4 Cen, 836 (1976), Mr. John 0. Johnson, an employee of the Bureau of Reclama- tion, Department of Interior, arpeals our Claims Division Set- tlement No. Z-2528244, May 11, 1976, which disallowed his claim for retroactive pay adjustmetc pursuant to 5 U.S.C. 5333(b) (1970). That provision authorizes cneral Schedule employees to be paid at step rates above thosQ to which they otherwise would be entitled when they supervise wage bot.rd employees whose basic pay is higher than the rates to which the supervisors are entitled. In an administrative report on this matter, the Bureau of Reclamation reported that Mr. Johnson's initial assignment as a supervisor over wage board employees was offeccive December h, 1966, Apparently, on that date he became eligible for a pay adjustment under 5 U.S.C9 5333(b) ns a General. Schedule employee who 6spervised a wage board employee whose salary exceeded his own, However, for reasons that the Bureau of Reclamation is unable to determine, Mr. Johnson's salary was not adjusted until July 22, 1973. Apparently the rate setting provisions were unknown to payroll clerks who processed Mr. Johnoon's appoint- ment. Ie filed a claim for the back pay denied him by the agencys failure to adjust his salary. However, our Claims Division found that the pay adjustment provided by section 5333(b) is discretionary with the employing agency. Furthermore, the 46I C at N. C a 1.

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