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B-247553 1 (1992-05-08)

handle is hein.gao/gaobadobj0001 and id is 1 raw text is: Conproler Geuenl L of the UaIted Stats Ws~mol DC fS Decision Hatter of: Catherine L. Drake rile: B-247553 Date: lay 8, 1992 DIGEST Employee claims a salary rate adjustment under the highest previoussrate rule, An agency is not under a legal Obliga- tion to set an employee's salary at the highest previous rate, unless it has affirmatively relinquished its discre- tion through the adoption of a mandatory policy, which is not the case here. Furthermore, we cannot say that the agency's actions constituted an abuse of discretion. Thus, employee's claim is denied. OXCISION This is in response to a request by Ms. Catherine L'. Drake for a salary rate adjustment under the highest previous rate rule. For the following reasons, we deny her claim. Ms. Drake is an employee of the Defense Mapping Agency, Department of Defense, St. Louis, Missouri. She was appointed as a Computer Operator on September 26, 1983. She had previously been employed by the United States Coast Guard in a GS-4, step 8, position, but had not worked there for the past 6 years due to a job-related injury. U In keepin4 with local practice, the Defense Mappiing Agency set her compensation at GS-4, step 1, despite herprevious rate of GS-4, step 8. The local practice also permitted, but did not require, her salary rate to be adjusted based on the highest previous rate upon subsequent promotion provided her supervisor recommended such an adjustment. Ms. Drake wasvpromoted to grade GS-5, step 1, on February 17, 1985, and her salary rate was not adjusted under the highest previous rate rule. It is unclear whether or not Ms. Drake's supervisor was contacted by the Personnel Office, but he did not submit a formal written request for such an adjustment. In any event, the issue of whether or not the Personnel Office contacted Ms. Drake's supervisor is not determinative as to her l.egal entitlement to a retro-

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