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![handle is hein.gao/gaobadgwr0001 and id is 1 raw text is:
THE COMPTROLLER GENERAL
DECISION . i. OF THE UNITED STATES
WASHINGTON. 0. C. 20548
NI0
FILE: B-193326
DATE: Felbruary 1., 1979
MATTER OF: Department of the Interior -fPay adjustment
limitation]
DIGEST:
Pay adjustment limitation of section 614(a) of
Public Law 95-429 applies only to those em-
ployees whose pay is adjusted by one of methods
listed in that section. ince the pay of ~
employees wH5negotiated their wages under
section 9(b) of Public Law 92-392 is not
adjusted pursuant to any of the methods listed,
the section 614(a) limitation does not apply
to them.
This action is in response to a request for an advance decision
submitted by Mr. John F. McKune, Director of Personnel, of the
Department of the Interior, concerning the 5.5 percent pay adjust-
ment limitation or pay cap enacted by section 614(a) of the
Treasury, Postal Service, and General Government Appropriation Act,
1979, Public Law 95-429, October 10, 1978, 92 Stat. 1001, 1018. The
question presented is whether the pay cap applies to those prevailing
loyees who, throug I argaining, iate their
wages with the Department--ot the interior. In accordance with our
PTLce ures for Decisions on Appropriated Fund Expenditures in
Federal Labor-Management Relations Program, 4 C.F.R. Part 21,
43 F.R. 32395-96, July 27, 1978, interested parties were served,
and we have considered the comments and views of those parties that
were provided to us.
Section 614(a) of Public Law 95-429, provides that:
No part of any of the funds appropriated
for the fiscal year ending September 30, 1979,
by this Act or any other Act, may be used to
pay the salary or pay of any individual in any
office or position in an amount which exceeds
the rate of salary or basic pay payable for
such office or position on September 30, 1978,
by more than 5.5 percent, as a result of any
adjustments which take effect during such fiscal
year under-
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