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B-227411 1 (1988-05-19)

handle is hein.gao/gaobadncd0001 and id is 1 raw text is: 0~LER ~ The Comptroller General of the United States Washington, D.C. 20548 i4r. Decision Matterof- VOA Relay Station, Antigua - Night Differential Pay - Foreign Service Nationals File: B-227411 Date: May 19, 1988 DIGEST The Director, Voice of America (VOA), is advised that there is no authority to retroactively grant payment of a night differential to VOA Foreign Service Nationals employed on the Island of Antigua prior to the effective date such premium compensation was specifically authorized by headquarters or was included in a local compensation plan. Such payment of night differential is discretionary, and an increase in compensation resulting from an exercise of discretionary administrative authority is payable only on or after the effective date of the increase or specific authorization, in this case March 16, 1986. DECISION The Director, Voice of America (VOA), requests a decision concerning retroactive payment of night differential pay for Foreign Service Nationals (FSNs) employed by VOA on the Island of Antigua prior to the date such payment was specifically authorized or the effective date of a local compensation plan. We hold that the FSN employees are not entitled to be reimbursed for night differential pay retroactively for the reasons that follow. BACKGROUND In March 1985, the VOA sent out offers of employment to several residents of the Island of Antigua to fill positions at the local VOA Relay Station. The letters were signed by the manager of the station and, in addition to explaining the hours of duty and benefits available, included a promise of night differential pay.l/ The Embassy in Antigua l/ Night differential pay is a premium paid for regularly scheduled work usually during the hours of 6 p.m. to 6 a.m.

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