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B-187972 1 (1977-03-25)

handle is hein.gao/gaobadeeg0001 and id is 1 raw text is: K DECIBION FILE: 13-18797 THE COMPTROLLER GENERAL * . OP THE UNITED BTATES w WASHINGTON. 0.C. 20cB4a 2 DATE: Nareb 25, I9TT MATTER OF: Edwin Randolph Hille and David A. Reilly - Retroactive compensation DIGEST: Seamen employed by NOAA claim retroactive pay for services rendered after effective date of pay Increase, notwithstanding that they had separated before date of order approving hicrease. Claims may be paid since it is maritime industry practice to make such payments and since contrary provisions of 5 U. S. C. 5 5344 do not apply to officers and crews of vessels. This action is in response to a request dated November 30, 1978, from Mr. Joseph F. Giza, an authorized certifying officer of- she National Oceanic and Atmospheric Administration (NOAA), Department of Commerce, for a decision concerning the claims of Edwin Randolph Hille and David A. Reilly. former NO AA employees, for retroactive compensation. Although not employed by NOAA when it approved a retroactively effective schedule of pay -or crews of vescels, Messrs. Hille and Reilly, who had been employed.as seamen, on'the effective date of the increase, claim compyensation from the effective date of the pay schedule to the date of their separation, based upon the practice of the maritime indus-try to provide such retroactive payments to separated employees. The applicable statutory pay-fixing authority for vessel em- ployees is 5 U. S. C. S 5348(a) (Supp. V, 1975) which provides in pertinent part as follols: S 5348. Crews of vessels. (a) Except as provided by subsections (b) and (a) of this section, the pay of officers and members of: crews of vessels excepted from chapter 51 of this title by section 5102(c) (8) of this title shall be fixed and adjusted from time to time as nearly as is con- sistent with the public interest in accordance with prevailing rates and practides in the maritime industry. Pursuant to this, authority, NOAA derives its schedule of pay for seamen from pay scales agreed upon in the private sector, I 0 iCl) 0 0 *

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