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B-203292 1 (1982-01-08)

handle is hein.gao/gaobadjzy0001 and id is 1 raw text is: 1-7,2 /~~ i/I DECISION THE COMPTROhES 1 GENERAL OF THE UNITEDl STATES WASHINGTONs D,0o, 201I46 B-20$292 DATE: January 8, 1982 MATTER C DIGEST: DeForrest Es. Cline - Pay Retention Rights Labor Department employee accepted voluntary down- grading with pay retention rights under 5 uv1.C, § 5363(a)(3) (Supp, I1111979). Hie is not entitled to full basic pay increases for his former grade since the law providing for pay retention limits increases to one-half of the amount of each in- crease in the maximum rate of basic pay payable for the grade of the employee's new position if the allowable former rate exceeds the maximum rate for such grade. Since pay retention rights are prescribed by statute, employee may not receive additional compensation because of mis- taken assumption as to extent of pay retention rights. Thin decision is in respons4 to a claim by DeForrestE. Cline, an Apprenticoship and Training Repre- sentative with the Bureau of Apprenticeship and Training, U.S. Department of Labor. Mr. dine, through his National Council of Field Labor Locals (NC!FLL) representative, contends that his rate of pay was reduced in violation of his pay retention rights, after be agreed to a voluntary demotion at his agency's request. We hold that not violated and Mr. Cline's pay retention rights were therefore we deny his claim. The facts are as follows. Mr. Cline was assigned to the Washington, D.C., office of the Department of Labor, at the grade GS-14, step 10. In March 1979, he was asked to accept a transfer at Government expense to the St. Louis office, to fill an opening there and to meet personnel ceiling goals in the Washington office. The transfer in- volved a voluntary downgrading to grade GS-12, step 10, which Mr. Cline accepted with the understanding that he would have full pay retention rights. Under 5 U.S.C. § 5363(a)(3) (Supp. III 1979), pay retention is authorized for employees who otherwise would be subject to pay reduction under circumstances prescribed by the Office of Personnel Management (OPM). In Mr. Cline's case, the Department granted approval for pay retention based on 5 C.F.R. § 536.212(b)(2)(1980), whic, authorizes ~-,-~ / FILEi 3F:

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