About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-190779 1 (1978-07-07)

handle is hein.gao/gaobadgeh0001 and id is 1 raw text is: I / d 4 r-7 Cd., 1r., THE CT2MPrRCLLE=P GENERAL 0W7-CIO '. 1 /a *N OF THES UNITED STATES VV: WASH I NG0TON . D . 0. 2D0 54 S FILE: B-190779 DATE: July 7, 1978 MATTER OF: Chester G. Christenson, at Al. --Retro- active wage increase DIGEST: Retroactive wage adjustments for Federal wage board employees which are not based upon a Government wage survey, but rather on negotiations and arbitration under a 1959 basic bargaining agreement are not governed by 5 U.S. C. 5344 as added by section 1(a) of Public Law 92-392; section 9(b) of that law preserving to such employees their bargained for and agreed to rights under that basic bargaining agreement. This action is in resnonse to a letter from Mr.. Manzanarcs, Author- ized Certifying Officer, Bureau if Reclamation, United States Department of the Interior, rocuesting an advance decision. The question involves3 the legality of paying retroactive salary foL work performed by and lump-sum leave payments to wage-board -mployees who weze retired or separated from service prior to the date .1 retro- active wage increase was put Into effect based on an arbitration dec ison. The submission states that the circumstances which led up to the request for decision are that on June 15, 1976, negotiations beganr for wage increases of wage-board employees at the Hungry Horse 1-roject, Hungry Worse, Montana. On June 25, 1976, negotiations reached an impasse and eventually went to arbitration with the hearing held on October 20, 1976. By action dated February 10, 1977. the Arbitrator recommended a specific wage Increase to be effctive June 26, 1976. Or. March J, 1977, the Commissioner of Reclamation approved that pay adjustment, hut to be effect:ve from July 4, 1976. since the date recommended by the Arbitrator fell during a pay period. In the nicantimne, four wage-board employees left their employment at the project. Two were retired (Chester G. Christenson, Febru- ary 15, 1977, and Donald L. Ilenken, August 27, 1976) and two were separated (William Purdy, September 11, 1976, and James Sheehan, August 27, 1976). Apparently, based on a finding that they were not employed on the date the wage increase was ordered into effect (March 1, 1977), none of them received the retroactive increase. The submissio: indicates that in September 1977, Mr. Christenson filed a claim with the agency in the amount of $141, 44, representing additional compexgsation believed due for his lump-sum leave to 'V I U a Ze 49 Al 4

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most