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

B-236269 1 (1989-11-16)

handle is hein.gao/gaobadnqn0001 and id is 1 raw text is: of Uaked ftae waa D.C. aN oA I Decision Robert J. Miranda - Hazardous Duty Differential Materot Pay Fi : B-236269 Due: November 16, 1989 01IGST An employee whose duties required him to be at a construc- tion site to monitor the activities of construction workers appeals an agency action disallowing his claim for hazardous duty pay. The agency determined that the duty was not hazardous. The employing agency has primary responsibility to determine entitlement to hazardous duty pay under 5 U.S.C. S 5545(d). The Comptroller General will not overturn an agency's action unless its determination was clearly erroneous, or arbitrary or capricious. Since we cannot so conclude here, the agency's action is sustained. DOCTIION This decision is in response to Mr. Robert J. Miranda's appeal of our Claims Group Settlement Z-2866193, Apr. 17, 1989, which disallowed his claim for hazardous duty differential pay. We sustain that disallowance for the reasons set forth below. BACKGROUND Mr. Robert J. Miranda was employed as a technical security officer, GS-12, by the Central Intelligence Agency. During the period July 21, 1986, throuqh July 7, 1987, he performed his duties at the construction site of its new office building in Langley, Virqinia. By his own description of duties, he was required to monitor the activities of the workers on the construction site on a full-time basis. Based on the circumstances under which his duty was performed, the agency concluded that his work was such that he did not qualify for hazardous duty differential pay. On submission of a claim here, our Claims Group upheld the agency's position.

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