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B-198590 1 (1981-08-26)

handle is hein.gao/gaobadjrl0001 and id is 1 raw text is: 


                        THE COMPTROLLER GENERAL
DECISION                 OF THE UNITED       STATES
                         WASHINGTON. 0. C. 20548
                  L'ITS


FILE:   B-198590              DATE: Aug-ust 26, .1981

MATTER OF:     Grand Coulee Project Office - Temporary
               Employees - Construction or Operation and
               Maintenance Pay Rates
DIGEST:
         1. Where an arbitrator has requested that
             the parties in dispute seek the Comptroller
             General's opinion as to the legality of a
             labor-management agreement provision, the
             Comptroller General will issue a decision
             to the parties on their request. 4 C.F.R.
             § 22.7(b) (1981).

         2. Negotiated labor-management agreement pro-
             vision, which is protected by savings
             provision of section 9(b) of Pub. L. 92-392,
             .August 19, 1972, provides for payment of
             construction rates of pay to specified tempo-
             rary employees of Grand Coulee Project Office.
             The arbitrator found that as of September
             1979 the payment of construction rates of
             pay to temporary employees was not a pre-
             vailing practice in the area. Since section
             704 of the Civil Service Reform Act of
             1978, Pub. L. 95-454, October 13, 1978,
             requires that agreement provisions pro-
             tected by section 9(b) shall be negotiated
             in accordance with prevailing rates and
             practices, we conclude that these tempo-
             rary employees may not continue to be paid
             at construction rates of pay.

      This decision is issued pursuant to a joint request
 from the Columbia Basin Trades Council and the United
 States Water and Power Resources Service (formerly Bureau
 of Reclamation), Department of the Interior. The issue
 presented is whether the Service's Grand Coulee Project
 Office may pay construction rates of pay, rather than
 operation and maintenance rates, to temporary blue collar
 employees in the occupations listed in the negotiated
 labor-management agreement.

      We decide, for the reasons stated below, that these
 temporary employees of the Grand Coulee Project Office may
 not continue to be paid at construction rates of pay.

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