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B-214205 1 (1984-07-17)

handle is hein.gao/gaobadluj0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OP THE UNITED STATES WASHINGTON, O.C. 20548 FILE: B-214205 DATE: July 17, 1984 MATTER OF: Robert J. Michels - Environmental Differential Pay DIGEST: An elevator mechanic at the National Park Service's Carlsbad Caverns is not entitled to 50 percent environmental differential pay for working on elevator cars, under the provisions of Category 15 of Appendix J, Federal Personnel Manual Supplement 532-1. The agency decision denying a 50 percent environmental differential found that an unsure footing or unstable structure did not exist in the work area because there were no slippery substances thereon and because the car swayed no more than 1 inch while the mechanic was operating the car in a fixed position. We will not overrule the agency's decision absent clear and convincing evidence negating the information in the agency report or indicating that the agency determination was arbitrary or capricious and no such evidence is presented here. We have been asked to overrule a decision of the Department of the Interior under its internal grievance procedure which denied a claim for 50 percent environmental differential pay. Since in environmental differential cases our Office will not substitute its judgment for that of the agency absent clear and convincing evidence negating the information in the agency report or indicating that the agency determination was arbitrary or capricious, we deny the claim for 50 percent environmental differential pay. BACKGROUND Ms. Diane 0. Marshall, West Coast Counsel, National Association of Government Employees, has submitted the claim of Mr. Robert J. Michels, an elevator mechanic at Carlsbad Caverns National Park, National Park Service, Department of the Interior. Mr. Michels presently receives the 25 percent

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