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B-165042 1 (1978-12-21)

handle is hein.gao/gaobadgsq0001 and id is 1 raw text is: THEA~ COMPTROLLER GENERALrJ , -7 DECISION OF THE UNITED STATES 3 j ~WASHINGTON, O.C. 20548 FILE: B-165042 DATE: December 21, 1978 MATTER OF: Arnold J. Glaz -- Pay Adjustment for Supervisors [DIGEST: 'General Schedule supervisor, whose salary rate was less than)Vaqe board employee@ e supervised, did not, receiveopay adjustment under-57W..C 5 1133 (now 5333(b)). Entitlement toa pay adjustment is within1discretion of/4 aqency, nd, absent mandatory agency policy, ailure to grantapay adjustment does otco tituteDibuse of discretion errorar ntp retroactive compensation. This action is in response to the appeal by Mr. Arnold J. Glaz of our Claims Division settlement dated January 30, 1978, denyinq his claim for a retro- active pay adjustment as-a General Schedule supervisor of waqe board employees. The record indicates that Mr. Glaz was emoloved by the Federal Aviation Administration (FAA) and that from August 7, 1965, to September 10, 1967 he was detailed to the position of Acting Chief, Domestic Services, grade GS-9, and from September 10, 1967, to May 18, 1969, he was appointed to the position of Domestic Services Chief, grade GS-9. During this period of nearly 4 years, Mr. Glaz supervised one or more prevailinq rate employees whose rate of basic oay exceeded his rate; he received no pay adjustment as a result of that supervision; and he has filed a claim for retroactive compensation for this period. The Claims Division settlement denied Mr. Glaz' claim since under the applicable statute and regulations such a pay adjustment is not mandatory but is wholly within the discretion of the empl.oying aqency. On appeal, Mr. Glaz araues that the FAA.may have failed to consider him for a pay adjustment, an action which he considers to be an abuse of discretion and tantamount to an evasion of reaulations.

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