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t
DECISION
J THE COMPTROLLER GENERAL
OF THE UNITED STATES
0 ;WASHINGTON. D.C. 20548
' IT 0
FILE: B-193176 DATE: 4, 1979
Rocky Mountain Arsenal - Claim of Supervisory
MATTER OF: Personnel to Additional Environmental Differ-
ential Pay]
Wage grade supervisors who are not members
of exclusive bargaining unit claim additional
environmental differential awarded to nonsuper-
visory personnel under arbitration award.
Agency states that environmental differential
rate was properly reduced in 1974 and would
have applied to nonsupervisory personnel but
for violation of negotiated agreement. Since
supervisors are not covered under negotiated
agreement and since action reducing differential
rate did not constitute unjustified or unwar-
ranted personnel action, they are not entitled
to additional differential awarded to nonsuper-
visory personnel.
This action is in response to the ue rnadvaned.ecision
from S. Brink, Finance and Accounting Officer, Rocky Mountain e,
Arsenal, Department of the Army, concerning the entitlement of
certain ipervisry personnel to additional environmental differen-
tial pay during the period from August 1974, to March 1978. The
question presented is w b-ee. these supervisory personnel, who
were not members of an exclusive bargaining unit, may deriveany
benefit from an arbitratiolnawa-rdof additional environmental
diffe-rential pay to nonsupervisory personnel who were wltiiin the
bargaining unit.
BACKGROUND
The report from the Department of the Army states that prior to
October 1974, the Arsenal permitted the individual supervisors to
authorize environmental differential pay at high or low degree hazard
rates for wage grade employees working in close proximity to un-
usually severe hazards. In most cases the employees, along with
the supervisors, received a 'high degree hazard rate of 8 percent
when they entered a restrcted area' where operations involving
toxic chemicals were con ucted. In October 1974, the Commander
of the Arsenal publishe MA Regulation 690-9 which outlined new
procedures to determine whether an employee was eligible for
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