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B-193824 1 (1979-03-22)

handle is hein.gao/gaobadham0001 and id is 1 raw text is: C, THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES WASHtNGTON, D. C. 205468 FILE: B-1938 4 DATE: March 22, 1979 YGeneral Services Administration, Region 3, aqz MATTER OF: Aiderican-Fede-ston of Government Employees, Local 2151 Environmental Differential DIGEST: General Servies Administration questions legality of(Federal Labor Relations Council A &rI decision requiring payment of environmental differential for high work. GSA believes payment is unauthorized because of mistakes of fact concerning height of structure and existence of protective wall. Grievance agreement upheld by Council may be imple- mented since under Federal Personnel Manual the parties may determine entitlement through collective bargaining process. Furthermore, authorization of environmental differential in the present case does not appear to be contrary to law or regulation or arbitrary or capricious. This decision is in response to a request dated December 18, 1973, from the Acting Administrator, General Servicas Adminis- tration (GSA), for an advance decision regarding tne entitlement of certain employees of GSA, Region 3, to environmental differential. This matter has already been the subject of decisions by the Assist-d.-- ant Secretary for Labor-Management Relations, A/SLMR No. 996, dated March 2, 1978, and the Federal Labor Relations Council, L---* FLRC No. 78A-39, dated November 6, 1978, which directed tJb to pay environmental differential for high work pursuant to a grievance settlement agreement. In requesting our decision, GSA states that there have been mistakes of fact and that it has been ordered by the Federal Labor Relations Council to make payments which are without legal or regulatory basis. BACKGROUND The facts in this case, as summarized from the prior decisions, are as follows. The union, American Federation of Government Employees, AFL-CIO, Local 2151, filed a grievance in 1974 under the negotiated collective bargaining agreement alleging that there were hazardous working conditions which existed at the Central Heating Plant of GSA, Region 3, .1 which entitled certain em- ployees to environmental differeauLial. To resolve the grievance, GSA conducted a study of conditions at the Central Heating Plant, 0 D

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