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B-230411 1 (1988-06-23)

handle is hein.gao/gaobadndd0001 and id is 1 raw text is: The Comptroller General of the United States £' Wahington, D.C. 20548 Decision AFGE Local 2413 - Retroactive Environmental Matterof- Differential Pay - Effect of Arbitration Award File: B-230411 Date: June 23, 1988 DIGEST 1. Where an arbitrator failed to take jurisdiction of an issue that was a matter of interest and not grievance arbitration, we will consider the claims under 4 C.F.R. Part 31 (1988). A grievance was not filed in this case, and the employees' rights to environmental differential pay for the period of time prior to implementation of the new collective bargaining agreement are based on statutes and regulations which exist independently from the collective bargaining agreement. 2. Employees claim hazardous duty differential for a period prior to arbitration award. The entitlement to hazardous duty differential is a decision vested primarily in the employing agency, and this Office will not substitute its judgment for that of agency officials unless that judgment was clearly wrong or was arbitrary and capricious. The claims are denied. DECISION Mr. Joseph F. Henderson, Staff Counsel, American Federation of Government Employees (AFGE), requests a decision on behalf of AFGE Local 2413 for 53 employees of the Maritime Administration who claim retroactive environmental differential pay for exposure to asbestos. The claims are denied since the employees have not provided clear and convincing evidence that the agency acted in an arbitrary and capricious manner in denying retroactive environmental differential pay for the periods involved. BACKGROUND The claimants here are all employed by the Maritime Administration, Central Region, Beaumont Reserve Fleet, Beaumont, Texas. As a result of a favorable interest /3

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