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B-180486 1 (1977-11-17)

handle is hein.gao/gaobadfgb0001 and id is 1 raw text is: b a DECISION .t ~ r'..,: FILE: 8-180486 MATTER OF: THE COMPTROLLER GENERAL OF THE UNITED VTATUeS WASHINGTON. 0.C. 20546 DATE; aygaber 17, 197 Billy M. Medaug? - Pay Adjustment for Supervisor Decision in Billy M. Mbdaugh, 55 Comp. Gen. 1443 (1976) held that pay adjustment for General Schedule supervisor of wage board employee must be eliminated or reduced when corlitions prercribed in 5 U.S.C. 5333(b) are not longer met. That holding is not to be implemented while Civil Service Com- mission reviews regulations to determine what regulatory modifications may be needed to implement the decision. We refer to our decision entitled Billy M. Mbdaurh, 55 Comp. Gen. 1443 (1976) which concerned the clim of a General Schedule supervisor or a wage board employee for a retroactive wage adjust- ment. The decision held that Mr. Medaugh was entitled under the Back Pay Act to a retroactive adjustment of his salary because or an administrative error by the employing agency in failing to comply with a mandatory agency regulation requiring the prompt identification of Mr. edaugh for the pay adjustment. In addition, we held that the pay adjustment for General Schedule supervisors of wage boari employees authorized by 5 U.S.C. 5333(b) is conditioned on the continued supervision of the wage board employee, and is limited to the nearest rate of the supervisor's grade which ex. ceeds the highest rate of basic pay paid to the supervised employee. We therefore concluded that wtin these conditions are no longer met, as when the wage board employee is separated or reduced in pay, the adjustment previously granted to the supervisor must be eliminated or reduced, as required by the circumstances. This latter holding is the subject of the present action. Following the issuance of our decision in Medaugh, we discussed with the Civi1 Service Comission the appropriate means to implement and administer that decision. It was agreed that agencies should be advised not to implement the latter holding of Medaugh while the Commission determines what modifications or additions to existing regulations might be needed. Pursuant to that agreement, on August 11, 1977, the Civil Service Commission issued Bulletin I -41 0p k DIGEST: I L ft - I I

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