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B-215268 1 (1984-11-26)

handle is hein.gao/gaobadmal0001 and id is 1 raw text is: 

                          ~THE COMPTROLLER GENERAL         1
   DEC1IION              . OP THE UNITEO DTATES
                         ' WASHINGTON. 0.C. 20543




   FILE:  B-21 5268              DATE:    November 26, 1984

   MATTER OF:    Voice of America - Limitat-ion onr
                 Pay Increase for Radio Broadcast
                 Technician Foremen
  DIGEST:._


          Supervisors of prevailing rate employees
          who negotiate their pay increases are
          subject to statutorily-imposed pay limi-
          tation which applies to most prevailing
          rate employees. These supervisors are
          within the express terms of the pay
          increase limitation and are not covered
          by the specific exclusions from the
          limitation. 60 Comp. Gen. 58 (1980),
          distinguished.


     The issue in this decision is whether the pay increase
for Radio Broadcast Technician Foremen may be excluded from
the pay increase limitation imposed by law on most prevail-
ing rate employees. We hold that the pay increase for
these supervisors is subject to the statutorily-imposed pay
increase limitation even though their subordinates negoti-
ated higher wage increases and were excluded from the pay
increase limitation.

                         BACKGROUND

     The decision is in response to a request from
William E. Carroll, Director of Personnel, Voice of America,
United States Information Agency.

     The agency request states that Radio Broadcast
Technicians are prevailing rate employees who negotiate
their wages as provided under section 9(b) of Public Law
92-392 (August 19, 1972) and section 704 of Public Law
95-454 (October 13, 1978), 5 U.S.C. 5 5343 note (1982).
While Public Law 92-392 established a statutory basis for
the prevailing rate system, section 9(b) of that law
preserved the provisions of negotiated contracts in effect
on the date of its enactment, as well as the renewal,
extension or modification of such provisions. Section
704(b) of Public Law 95-454, the Civil Service Reform Act,
clarifies the rights of employees covered by section 9(b) of
Public Law 92-392 to negotiate their wages. 58 Comp. Gen.
198 (1979).

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