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B-170182 1 (1973-12-26)

handle is hein.gao/gaobadzdl0001 and id is 1 raw text is: *. * 4COMPTROLLXR GENERALOF THEUNITED STATES WMIchNGTONE, D.C. 3S4t F-170182 Deceber 26, 1973 The ;onorable Th Secretary of the Navy C Dear . Secretary; We have for consideration a Utter from the Premident, Pedoral Employees Metal Trades Council, Dox 2195, Vaflejo, California, concerning the entitlement of certoin wage Grade ezployees of the Ilar Island Naval Shipyard to additional paymets of environmental difforetial under sub- rhapter 8-7 and Appendix J of Federal Pernnnel Manual (FPM) Supplee ment 532-4, The isous of their entitlement is the subject of a report from your Office of Civilian Manaenant dated October 23, 1973, reference C0H01 OA/5321:brf. The employaee involved are painters who, in the course of their duties, perform work froM personnel boxes suspended from cranes, On or about July 13, 1971, seven painters initiated a grievance, claiming entitlement to payment of an environmental dIfferential for such work in accordance with Appendix 3 which, in pertinent part, authorisea pay- 'ent of a 25 percent differential for work at a hoight of leas than 100 feet above the ground, deck, floor or roof, or from the bottom of a tank or pit if the footing is unsure or the structure is unstable. After attempts to adjust the grievance proved fruitless the parties invoked the contractual arbitration procedure. On January 12, 1972, Mr. Wayne L. HNaughton, Arbitrator, rendered an arard and opinion holding that the employees had established on- titlement, in accordance with the criteria set forth at Appendix J, to , paymat of an environmental differential of 25 percent for work at lonasr heights. l1e held them so entitled as of the start of the nearest pay pcriod following data of award. On Jauary 21, 1972, the Marc Island Naval Shipyard acknoledged that it would accept the award. The Federal Employees Metal Trades Council, however, petitioned the Federal Labor Ralatione Council for review of the arbitrator's ward insofar au it restricted payment of the differential to the period subsequent to avard. In its patition, the Trades Couacil argues thats A * * the Arbitrator in FLIC 72A-14 ** * oxeeded his authority when hc reattited the payment A r~~~~~~~~hd AtJI... DIY entrAj

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