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B-193573 1 (1979-01-08)

handle is hein.gao/gaobadgti0001 and id is 1 raw text is: L 4THE COMPTROLLER GENERAL N . v. OF THE UNITED STATES WASHINGTON, 0.C. 20549 %job FILE: :B-193573 DATE: January 8, 1979 MATTER OF: LApplicability of FY 1979 5.5 percent pay increase ceiling to employees of aint Lawrence Seaway Development Corporation DIGEST: User fee toll charges collected by the Saint Lawrence Seaway Development Corporation, a wholly Government ned cor tion under 31 U.S.C. § 846, are considered appropriated funds, inasmuch as such funds have been appropriated by Congress in the Department of Transportation and Related Agencies Appropriations Act, 1979, for use by the Corporation and are subject to law and regulations controlling expenitur of such funds. However, the 5.5 percent pay increase ceiling for wage increases during FY 79 for p revailin rate employees contained in section 614 (a) of the Treasury, Postal Service and General Government Appropriations Act, 1979. Pub. L. 95-429, (5 U.S.C. § 5305 note) is not applicable to prevailing rate employees of the Corporation because that provision excludes from coverage employees whose wage adjustments are not based on wage surveys under 5 U.S.C. § 5343. Corporation employees negotiate wage adjustments and are exempt by law from provisions of 5 U.S.C. § 5343. This decision is in response to a `qgst from the Comptroller of the Saint Lawrence Seaway Development Corporation (Corporation) for a decision on whether the pay increase ceiling of 5.5 percent, established by section 614 of the Treasury, Postal Service and General Govern o ations29 October 10, 197, 92 Stat. 1018 (5 U.S.C.§ 5305 note) is applica- ble to certain Corporation employees. The Corporation is a wholly owned Government corporation, as defined in 31 U.S.C. § 846 (1976), which operates as an administra- q tion of the Depnrtment af-Tranaportation. It pays all its expenses, including employee salary and wage costs, out of revenues which it derives from tolls assessed on vessels and cargoes that use Corporation facilities. DECISIO 6;4e '5ro /'?o /VI #fV.

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