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B-195704(RCP) 1 (1979-10-31)

handle is hein.gao/gaobactyz0001 and id is 1 raw text is: W- nC 7669- ?LT~. GAO United States General Accounting Office Washington, DC 20548 Office of General Counsel in Reply Referto: B-195704 (RCP) I50 w1' . JYtQe t 1i'Thle to pu'bliq rru4Ig g .s, Mr. James A. Bayer, President Local No, 1625 American Federation of O 1 Y979 Government Employeea NAVPIIIBASE, Little Creek Nonfolk, Virginia 23521 Dear Mr. Bayer: This is in reply to your with enclosures, requesting a concerning the pay of certain who are paid on a commissIon Specifically) you present the a former automobile mechanic Station who contends that he contravention of controlling letter.of July 21, 1979, final and binding decision Fnonapprc'priated fund employees basis by the Navy 1Kxchvnges. claim of Mr. Lance D, Lord, a , a Navy Exchange 3ervice was improperly compensated in regulations. In accordance with the delimiting provisions f 3 U.S.C.,§ 2105(c) (1976) this Offtice'bas held that while nonappropriated funds instrumentAlities are integral parts of the Government of the-United tates, the e.nployeS of such instrulnentalities are not c6nsidered to be employees of the United States for the purpses,,of laws administered by the Civil Service Commission (now Office of Personnel Management). This conclusion results from the clear legislative intent that the purpose of excluding employees of the nonappropriated funds instrdzmentalities from the restrictions and requirements applicable to civil service employees was to enable such instrumentalities to be operated in accordance with methodetof private commercial enterprise. 37 Comp. Gen. 671 (195V), and 48 id. 192 (196 We have further recognized activity employees - such as Mr are not compensated from funds of which this Office could auth compensation. Since we have no from funds of the Navy Exchange 2 :~ ~'' gV. II 8). that nohappropriated fund . Lord in the instant case - appropriated by Congress out orize or direct payment of authority over payments Service Station, the kiT) '7 I? 1 yr k S I, I I~6 LT i

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