About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline
LOG IN
LOG IN

B-220701 1 (1986-03-31)

handle is hein.gao/gaobadmgd0001 and id is 1 raw text is: -,_LZR 0PL-r q THE COMPTROLLER GENERAL OECISION . . OF THE UNITEO *TATKU WASHINGTON. D.C. 20548 FILE: B-220701 DATE: March 31, 1986 MATTER OF: Stanley P. Laber - Within Grade Salary Increase - Highest Previous Rate Rule DIGEST: An employee (grade GS-9, step 1), an intern in an agency's training program, was author- ized to go on leave without pay. While in that status, he was employed by another agency in a higher grade. He voluntarily resigned that position and resumed his training with the first agency. Following training, he was reassigned, but remained in grade GS-9, step 1. He requested a salary adjustment to step 8 of his grade, contending that the agency's regulations mandated that rate of pay by application of the highest previous rate rule. The highest previous rate rule allows agencies discretion to set pay at less than the highest previous rate. Therefore, unless an agency affirmatively relinquishes that discretion in its own regulations, it is not obligated to pay the highest allowable rate. The agency in this case has not relinquished discretion to set pay at less than the highest allowable rate. There- fore, the agency denial of the claim is sustained. This decision is in response to a request from the Chief, Accounting and Finance Division, Office of the Comptroller, Defense Logistics Agency (DLA). It concerns the entitlement of Mr. Stanley P. Laber to receive backpay under the highest previous rate rule incident to a reassignment and transfer. We conclude that he is not so entitled for the following reasons. BACKGROUND Mr. Laber was employed in the DLA Centralized Intern Development Office, Milwaukee, Wisconsin, as a Quality Assurance Specialist (Intern), in grade GS-9, step 1, with job occupation code 1910. On March 6, 1984, he requested

What Is HeinOnline?

HeinOnline is a subscription-based resource containing thousands of academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Contact us for annual subscription options:

Contact Us

Already a HeinOnline Subscriber?

Log In

profiles profiles most