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.
![handle is hein.gao/gaobadgtn0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION OF THE UNITED STATES
WA SH IN GTON, D .C . 2 0 5 4 8
FILE: B-186977 DATE: January 2, 1979
MATTER OF: Environmental and Night Differential - Computing
Basic Pay Upon Conversion From Wage Gra e to
General Schedule Position]
DIGEST: In computing an employee's rate of basic pay upon
conversion of his position from Wage Grade to
General Schedule, an agency may include the night
and environmental differentials only if the employee
is entitled to those differentials during the last
hour that he is in a pay status prior to the conversion.
- There is no authority in 5 C.F.R. Part 539 which would
permit an agency to establish an employee's rate of
basic pay on the basis of a daily, annual, or some
other form of proration.
Mr. Thomas R. Muir, Acting Director, Office of Civilian Personnel,
Department of the Navy, requests that we resolve a conflict between a
recent decision of this Office and a decision of a Federal District
Court. Mr. Muir states that a court decision, Boguist, et al. v.
Hampton, Civil No. C 75-803M, decided by the U.S. District Court,
Western District of Washington, June 23, 1976, coupled with a
decision of this Office, Matter of Donald R. Foulks, 56 Comp. Gen. 624
(1977), has raised several questions regarding the interpretation of
the provisions of 5 C.F.R. Part 539, which deals with pay setting
procedures incident to a conversion from the Wage Grade to the General
Schedule.
In addition to Mr. Muir's letter, we have also received requests
from Lieutenant Colonel C. T. W oo y-, Chief, Accounting and Finance,
Tinker Air Force Base, Oklahoma, and from Mr, John K. Mumford,
Headquarters, Ogden Air Logistics Center, Hill Air Force Base, Utah,
on the same subject. In order to facilitate handling of this matter,
we have combined the cases and this decision responds to all of the
above-listed requests for decisions.
Mr. Muir presents the questions as follows:
While we understand that night shift differential and
environmental differential are to be included in
establishing the rate of basic pay in the wage position
for purposes of selecting a rate upon conversion to
the General Schedule, we are uncertain as to the](ViewImageLocal?handle=hein.gao/gaobadgtn0001&div=1&collection=&method=preview&ext=.png&size=3)