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B-193131 1 (1980-06-05)

handle is hein.gao/gaobadihn0001 and id is 1 raw text is: THE COMPTROLLER GENERAL DECISIOlN . . F THE UNITED STATES WASHINGTON. D.C. 20548 FILE: B-193131 MATTER DIGEST: DATE: June 5, 1980 OF: Forrest C. Harris - Pay Adjustment for Supervisors General Schedule employee who received pay adjustment effective January 21, 1979, as super- visor of prevailing rate employee with higher pay rate may not be granted retroactive pay prior to that date. Entitlement to pay adjustment is within discretion of agency since there was no mandatory agency policy to make adjustment and there was no abuse of discretion which warrants retroactive compensation. Employee has 6 years from date services were first performed to file petition in Court of Claims. This decision is in response to the appeal by Mr. Forrest C. Harris of our Claims Division Settlement No. Z-2413460 dated May 31 1979 as clarified by letter of October 30, 1979, deny- ing his Laim for % retroactive pay adjustmentas a supervisor of wage board employees. Mr. Harris is employed by the Defense Property Disposal Service (DPDS), Defense Logistics Agency, Fort Lewis, Washington, as an Assistant Property Disposal Officer, GS-11. Mr. Harris has supervised a wage system employee from Octo- ber 15, 1976, to the present. In June 1978 Mr. Harris requested that his pay be adjusted to a step above that of the wage system employee he was supervising. Such adjustment is authorized by 5 U. S. C. 5 5333(b) (1976). His request was initially denied on the basis that the subordinate wage system employee's position was misclassified and slated for downgrading upon vacancy. However, upon a subsequent request from Mr. Harris, his claim was reevaluated and approved effective January 21, 1979. Mr. Harris has received the adjusted rate since that date. Mr. Harris has requested retroactive backpay for the period October 15, 1976, to January 21, 1979. His claim was denied by the DPDS on the basis that the applicable regulations provide for a discretionary rather than a mandatory increase. Our Claims Division reached the same conclusion based on a decision of this Office, Arnold J. Glaz, B-165042, December 21, 1978. Mr. Harris has stated that that decision is not applicable here /I7J#?27 (/ C/

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