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B-256943 1 (1994-08-15)

handle is hein.gao/gaobablih0001 and id is 1 raw text is: 144198 B-256943 August 15, 1994 Mr. Michael A. James, Manager Equipment Concentration Site #15 1900 Roberts Blvd., Bldg. 470 Fort Chaffee, Arkansas 72905-0470 Dear Mr. James: This responds to your letters of March 21 and April 26, 1994, and supporting material, appealing our Claims Group's settlement Z-2868827, March 17, 1994, which denied your claim for retroactive environmental differential pay due to exposure to asbestos. Your claim had been previously denied by your employer, the Army. Our review of the Claims Group's action indicates no substantial error of fact or law, and your appeal presents nothing to change the conclusion in the Claims Group's settlement that your claim should be denied. The Army and the union negotiated a settlement regarding the payment of retroactive environmental differential pay to employees at your duty station, Fort Chaffee. Although you were not a member of a collective bargaining unit at that time nor are you currently a member of a collective bargaining unit, the Army administratively decided to also apply the terms of the settlement to non-bargaining unit employees, including you. We believe that the Army has shown that the agreement concerning the payment of retroactive environmental differential pay, which was applied to your claim, did in fact consider the positions you occupied at Fort Chaffee from 1981 to 1984 and from 1984.to 1988 and found that those positions did not warrant the payment of environmental differential pay. You state, however, that certain temporary employees who worked at Fort Chaffee in similar positions at the same time that you did were authorized 1We have jurisdiction to settle your claim since you are not a member of a collective bargaining unit subject to negotiated grievance procedures covering the matter. See Cecil E. Riggs, et al., 71 Comp. Gen. 374 (1992).

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