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B-211381 1 (1983-08-02)

handle is hein.gao/gaobadlfy0001 and id is 1 raw text is: 0,,LER C 0 THECOMPTROLLER GENERAL DECIION OF T-HE UNITEO STATES WS H INGTO N. 0. C. 2054 8 UNITEV FILE: B-211381 DATE: August 2, 1983 MATTER OF: Panama Canal Employment System - Retroactive Wage Increases DIGEST: The Assistant Secretary of the Army (Civil Works) questions whether he is authorized by s4ction 1225(b)(2) of the Panama Canal Act or 1979 to retroactively implement an increase in the wages of employees of Federal agencies participating in the Panama Canal Employment System. We hold that the wage increase may not be effected retroactively because section 1225(b)(2) of the Panama Canal Act, authorizing annual wage increases, does not speci- fically provide for the retroactive implementation of such increases. Absent specific statutory authority, pay increases resulting from the exer- cise of discretionary administrative authority may be implemented on only a prospective basis. William R. Gianelli, Assistant Secretary of the Army (Civil Works), has requested a decision as to whether the Panama Canal Act of 1979, Public Law 96-70, authorizes him to grant a retroactive increase in wages for certain employ- ees of Federal agencies participating in the Panama Canal Employment System. We hold that the Assistant Secretary is not authorized to grant a retroactive wage increase for the affected employees because section 1225(b)(2) of the' Panama Canal Act, authorizing annual wage increases, does 5ot specifically provide for the retroactive implementation of such increases. Absent a specific statutory provision authorizing retroactive pay adjustments, an increase in compensation resulting from the exercise of discretionary aeministrative authority may be effected on only a prospective basis. This aecision has been handled as a labor-management relations matter unoer our procedures in 4 C.F.R. Part 22 (183). Copies of the request were served upon seven labor organizazions, but we received no comments from those groups. 0Q JIj

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