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B-192528 1 (1979-04-20)

handle is hein.gao/gaobadhdq0001 and id is 1 raw text is: ~ '. THE COMPTROLLER GENERAL DECISION . OF THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-192528 DATE: April 20, 1979 MATTER OF: Fort Rucker Elementary School Employees DIGEST: 1. Persons employed to work at Federal dependents' schools are subject to all laws pertaining to Government employment except those for which an exemption is expressly authorized under 20 U. S. C. 5 241(a) (1976); therefore, school employees are covered by the Back Pay Act of 1966, 5 U. S. C. § 5596. 2. Under 20 U. S. C. § 241(a), persons may be employed to work at Federal dependents' schools without regard to certain civil service laws, including those pertaining to the General Schedule pay rates, but the provisions of such laws may nevertheless be extended to school employees by operation of administrative directives and contract clauses. 3. Section IV, Army Procurement Procedure, directed that a clause be included in dependents' school per- sonal service employment contracts reserving to school officials the right to amend the rate of pay in conformity with the pay schedules of Department of the Army civilian employees performing similar duties; hence, the Fort Rucker Elementary School Board had the right to adopt a policy of having all clerical, janitorial, and other non-teaching positions at the school classified and equated to comparable civil service positions for pay purposes. 4. The Fort Rucker Elementary School Board adopted a policy in 1969 of paying school support personnel on an equivalent basis with Federal general schedule (GS) and wage board (WG) employees, but support personnel pay was frozen between April 1974 and March 1977 as the result of an erroneous opinion by Army procurement officials that there could be no such thing as a GS/WG equated contract employee. The support personnel therefore suffered an unjustified or unwarranted personnel action within the terms of the Back Pay Act, 5 U. S. C. 5596, and are entitled

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