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B-235461 1 (1989-12-19)

handle is hein.gao/gaobadnqu0001 and id is 1 raw text is: of the United States Washington, D.C. 20548 Decision Michael D. Harley, et al. -- Claims for Environ- Matterof: mental Differential Pay File: B-235461 Date: December 19, 1989 DIGEST 1. We sustain the agency's determination not to authorize environmental differential pay for future exposure to asbestos. The union has not demonstrated by clear and convincing evidence that the agency was arbitrary or capricious in determining that safety equipment and procedures eliminate any hazardous conditions. 2. Claims for retroactive environmental differential pay for prior exposure to asbestos are being reviewed by the agency and will not be considered by our Office at this time. DECISION Mr. James M. Peirce, President, National Federation of Federal Employees (NFFE), requests a decision on behalf of 11 employees of the Department of the Army who claim entitlement to environmental differential pay for exposure to asbestos.l/ We sustain the agency's decision not to authorize environmental differential pay for future exposure to asbestos. Entitlement to hazardous duty differential is a decision vested primarily in the employing agency, and the union has not provided clear and convincing evidence that the agency acted in an arbitrary or capricious manner in denying environmental differential pay. Claims for prior 1/ The employees are Michael D. Harley, Eddie West, Buddy D. Pendley, Jack Hutchinson, Barbara C. Hausam, Clarence Woods, Simy White, Phillip Copeland, Cletus Crosby, Marvin Garrison, and Earl Wahl. In the absence of a duly executed power of attorney or other documentary evidence supporting the representative's right to act for Mr. Wahl, we will not decide Mr. Wahl's claim. See 4 C.F.R. SS 22.3(e), 31.3 (1989). Q+T4:4- k ,z & 5

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