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B-194289 1 (1979-06-27)

handle is hein.gao/gaobadhiu0001 and id is 1 raw text is: X DECISION FILE: B-194289 THE COMPTROLLER GENERAL . OF THE UNITED STATES WASHINGTON, D C. 2054a DA E. June 27, 1979 MATTER OF: Victor C. Spencer - Environmental differential (cold work) DIGEST: Authority to determine whether refrigeration mechanic at Veterans' Administration hospital meets the qualifications for payment of envi- ronmental differential pay (cold work) is primarily vested in agency concerned which has determined that the criteria to qualify for such pay have not been met for the period of time claimed. GAO will not substitute its judgment for the agency's in the absence of clear and con- vincing evidence that the agency's determination was arbitrary and capricious. . This-action is in response to an appeal of a settlement of our Claims Division dated October 19, 1978, which disallowed Mr. Spencer's claim for environmental differential (cold work). The issue presented is whether the determination made by the Veterans' Administration (VA) that the employee did not meet the criteria to establish entitlement to environmental differential pay (cold work) for the period of time claimed was in error. The answer is in the negative. In support of his claim Mr. Spencer asserts that during the period September 1970 through February 1976, he was employed as a refrigeration mechanic -at the VA hospital, Fayetteville, A o Arkansas. That as a part of his regularly scheduled duties he was exposed to temperatures of 32oF or below for which he claims entitlement to environmental differential pay from November 1970 through February 1976 for a total of 835 hours. This figure was later reduced to 601 hours taking into account annual leave and the fact that the cold storage unit was out of operation from March 1972 through July 1972. The administrative report from the VA hospital asserts that Mr. Spencer was paid for 102 hours environmental differential for work in the walk-in meat freezer (cold work). These-hours were supported by Engineering Service records including work orders and PMI reports. As to the remainder of the claim--hours in excess of 102 hours--the VA hospital director asserts that

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