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B-197142 1 (1980-02-12)

handle is hein.gao/gaobadhzo0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISION OF THE UNITED STATES SWASHINGTON, O.C. 20548 FILE: B-197142 DATE:February 12, 1980 MATTER OF: Cecil C. Frederick., DIGEST: Employees in the Plating and Anodizing Shop at an Army aeronautical depot maintenance center claim entitlement to environmental differential pay due to exposure to hazardous and harmful chemicals. Agency maintains that pro- tective measures have practically eliminated the hazard, physical hardship, or working conditions. Authority to determine whether employees meet the qualifications for payment of environ- mental differential pay is primarily vested in agency concerned. GAO will not substitute its judgment for the agency's in the absence of clear and convincing evidence that the agency's determination was arbitrary and capri- clous. This action is in response to an appeal of a settle- ment of our Claims Division dated August 30, 1979, which disallowed a claim for environmental differential pay. The issue presented is whether the determination made by the employing agency, the United States Army, that the employees do not meet the criteria to establish entitle- ment to environmental differential pay was in error. Determination of qualification for environmental differ- ential pay is primarily vested in agency concerned and GAO will not substitute its judgment for the agency's in the absence of clear and convincing evidence that the agency's determination was arbitrary and capricious. Mr. Cecil C. Frederici,an employee of the Corpus Christi Army Depot, Texas, for himself and other employees similarly situated has made a claim for environmental differential pay based upon exposure to toxic chemicals in the performance of his work. It appears that an environmental differential pay was authorized for the employees of the anodizing shop at the Army Aeronautical Depot Maintenance Center in 9 / A1\54

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