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B-206397 1 (1982-07-23)

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            PILEI B-206397                DATE;   July 23, 1982

            IIATTER OF:   National Federation of Federal Employees
                          Prevailing rate employees pay adjustment
                          limitation
            It! S!S
                      The National Federation of Federal Employ-
                      ees contends that the Office of Personnel
                      Management (OPH) was incorrect in requiring
                      the rounding down of all fractions of a
                      cent under the pay adjustment limitation
                      In the Omnibus Budget Reconcilation Act
                      of 1981, Pub. L9 No. 97-35, August 13,
                      1901, § 1701(b), 95 Stat. 357,754. OPM
                      asserts that roundIng down is required
                      under that provisiol. We believe that
                      the language in that provision mandating
                      that any adjustment to any prevailing
                      rate employee wage schedule or rate not
                      exceed the amount which is 4.8 percent
                      above the schedule or rate payable on
                      September 30, 1981, requires the rounding
                      down of fractions of a cent when to do
                      otherwise would result in an adjustment
                      to a prevailing rate employee wage
                      schedule or rate cxceeding this statu-
                      tory pay adjustment limitation.


              Mr. James M. Peirce, President of the National
         Federation of Federal Employees (NFFE), has requested a
         decision from our Office under cur Procedures For Decisions
         On Appropriated Fund Expenditures Which Are Of Mutual Concern
         To Agencies And Labor Organizations,  4 C.F.R. Part 22 (1981).
         He has asked:

              Are the Federal prevailing rate employees,
              whose tabulated rates of pay were rounded
              down rather than rounded to the nearest
              cent, entitled to have their pay rates ad-
              justed to the nearest cent with back pay
              to the date their FY '82 pay rates became
              effective?








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