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B-170675 1 (1980-01-15)

handle is hein.gao/gaobadhxc0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION . . OF THE UNITED STATES VWAASHINGTON, 0.C. 20548 tNJTED FILE: B-170675 15, 1980 MATTER OF: Ralph G. Nail, et al. -'computation of Highest Previous Rate7 DIGEST: Federal Aviation Administration and Federal b Aviation Science and Technological Association seek our approval of averaging method for computation of highest previous rate upon promotion from Wage Grade position to General Schedule position where employee has worked rotating shifts and has received night dif- ferential. The averaging method was arrived at in order to complete action on United States District Court's Consent Order of Remand requiring the agency to include night differential in computing the highest previous rate. We have no objection to proposed method since pay rates under that method would not exceed those authorized under 5 C.F.R. Part 531. The Federal Aviation Administration (FAA) requests our guidance; a in the implementation ot our decisT6n in Ralph G. Nail, et al., B-170675, August 8, 1979. That decision authorized the FAA to recompute certain employees' pay rates in the General Schedule positions to which they were promoted on the basis of their highest previous rates, determined by their wage board ratesof pay, including night differential. The FAA says that our decision'in the Nail case does not address situations where the employees received night differential while working on rotating shifts. The.,9ig'ncy refers to its letter to us dated September 15, 1977, requesting an advance decision on several questions pertaining to promotions under 5 C.F.R. Part 531 when night differentials are involved. This Office did not answer the questions presented by the FAA at that time due to ongoing litigation instituted by certain FAA employees, including Mr. Nail, in the United States District Court for the Northern District of Georgia. See &i Ralph G. Nail v. United States, LA No. r77-I497A and related cases. The employees' cases were remanded by the District Court to our Office for a decision authorizing administrative settlement. Our decision of August 8, 1979, was then issued. The FAA now asks how to compute

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