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B-170675 1 (1976-09-22)

handle is hein.gao/gaobadcyn0001 and id is 1 raw text is: 1. e~ 'I h.A- / / ( f-i' 1: - ) DECISION FILE F -170675 MATTER OF: DIGEST: 1~ -C p THE COMPTROLLER GENERAL * .OF THE UNITED STATES WASHINGTON, D.C. 20548 DATE SEP 229S 7 7 95F3 Source.of funds to pay judgment In favor of Jack X. Whaley and Victor C. Wolff Judgments entered on February 4, 1976, stating in part that plaintiff Federal employees shall receive for the period subsequent to September 14, 1974 suis representing increased aalary increments originally denied under challenged agency action is treated, for purposes of satis- fying judgment, as mtoney judgment for back pay up to date of judgment plus a mandate that agency place employees in higher salary rate as of date of judgment. There- fore, sums due plaintiffs up to date of judgment are payable, upon settlement by GAO, from permanent Indefinite appro- priation under 31 U.S.C. § 724a, but sums due after judgmcnt date are payable from agency appropriations for salaries and expenses. This responds to a request for our decision, pursuant to 31 U.S.C. ( 82d (1970), by an authorized certifying officer of the National Aeronautics and Space Administration (N1ASA). The certifying officer's questions concern the proper )ppropriations to be applied in satisfaction of a portion of the judgrent of the United States District Court, Northern District of California, entered on February 4, 1976, in the case of Robert Kr:6ere t al. V. United States, Civil No. C-74-0446-WTS.. The plaintiffs in the suit resultin3 in the cited judgment are present and former NASA employees who worked regularly alternating day, niiht, and swing shifts at NASA's Anes Research Center. Effectivea November 30, 1969, the plaintiffs' jobs were converted from wage board to General Schedule positions. On this date, the plaintiffs worked the day shift. Hence, in accordance with Civil Service Com- mission regulations as construed in our decision at 51 Comp-. Cen. 641 (1972), the rates of basic pay used to calculate their Ceneral Schedule salary rates did not include the night differential. PUBLISHED DECISION s rcimnr Gen.........t ( ( (..

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