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B-180864 1 (1975-06-04)

handle is hein.gao/gaobadciw0001 and id is 1 raw text is: D gECISION FILE: 0t I.ER clj ~THE COMVPTRoL ErR GENERAL ~ OF THE UNITED STATES 4- WASHINGTON. 0. C. 20548 t -S 2a .9 DATE: B-180864 JUN 4 1975 MATTER OF: Roy J. Rossell - Hazard pay for wage grade employee DIGEST: Wage grade employee of the Department of the Army appealed denial of his claim for hazard pay. His claim was denied on basis that 5 U.S.C. 5 5545(d)(1970) only provides hazard pay for classified, not wage grade, employees. The basis for denying employee's claim was incorrect as Federal Personnel Manual Supplement 532-1, 5 S8-7f (May 20, 1971) directs payment of environmental differential to wage grade employees performing hazard duty classified in Appendix J of FPM Supplement 532-1 and employee's entitlement under this provision was not considered. However, the Department of the Army now reports that employee's duties as stock parts keeper did not entail hazard duty and therefore employee's claim must still be denied. This action is at the request of Mr. Roy J. Rossell who seeks reconsideration of our decision B-180864, June 26, 1974, concerning -his claim for back wages and hazard pay believed due incident to his employment with the Department of the Army. The record shows that Mr. Rossell, a wage grade employee, was employed by the Department of the Army in the Color Developing Unit, Army Pictorial Center, Long Island, New York. Mr. Rossell filed a claim with the General Accounting Office by letter of May 21, 1973, for the salary loss caused by his being reduced in grade and for hazard pay believed due him because of his work with chemicals in developing color photographs. Mr. Rossell's claim for 25 percent hazard pay covers the period from January 15, 1967, through November 10, 1971. On January 28, 1974, our Transportation and Claims Division disallowed Mr. Rossell's claim arising from his reduction in grade as well as his claim for hazard pay. Subsequently, in our decision B-180864, June 26, 1974, we acknowledged the Government's liability to Mr. Rossell for his reduction in grade but we did not address his separate claim for hazard pay. By letter of July 5, 1974, Mr. Rossell reasserted his entitlement to hazard pay. Our Transportation and Claims Division denied Mr. Rossell's claim for hazard pay on the basis that 5 U.S.C. 5 5545(d) (1970), p

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