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B-248942 1 (1992-06-11)

handle is hein.gao/gaobadrxz0001 and id is 1 raw text is: v~ Generl Accounting Offce Oice of the Gener Counsel B-248942 June 11, 1992 The Honorable Stuart M. Gerson Assistant Attorney General Civil Division U.S. Department of Justice Attention: Mr. Brad Fagg Commercial Litigation Branch Dear Mr. Gerson: Subject: et al. v. United States Claims Court No. 92-371C We refer to your May 29, 1992 letter, your reference SMG:DMC:BFagg:jep 154-92-371, in which you request our report on the above-captioned action filed in the United States Claims Court. The plaintiffs contend they are entitled to a hazard pay differential in addition to their usual rate of pay in accordance with 5 U.S.C. § 5545(d) (1988). Our records do not reveal any claim against any of the listed plaintiffs. We have no factual information regarding this case beyond that contained in the Complaint, and we know of nothing that would form the basis for a counterclaim or setoff. However, as pointed out in the Complaint, this Office issued a decision on this matter, FAA Employees, 70 Comp. Gen. 292 1w (1991). Our decision was limited to the very narrow issue of whether an exception can be made to the -year statute of limitations in 31 U.S.C. § 3702(b) (198H) where the employees were unaware of the presence of T particular toxic substance in their workplace until recently. We held that an exception could not be made and the 6-year limitation was applicable. This Office did not rule on the question of whether or not the employees were entitled to a hazard pay differential because the submission from the Federal Aviation Administra- tion. Regional Administrator, Northwest Mountain Region, dated January ll 1990, stated that The region's Human eso s ivision hs determied that the presence ot the

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