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B-202540 1 (1981-05-11)

handle is hein.gao/gaobadvng0001 and id is 1 raw text is: DE-CISION FILE: B-202540 295 THE COMPTROLLER GENERAL OF THE UNITED STATES W'A'S H I N'GT'O.N. D .. 2 0549 DATE: may 11, 1981 MATTER OF: DIGEST:. Wage grade employee claims entitlement to a higher:rate of environment differential pay asserting that the conditions in the battery shop where he works as a repairer were such as to significantly increase the hazard he was exposed to. Authority to determine the level of hazard for differential pay purposes is primarily' vested in agency concerned. GAO will not substitute its judgment for agency's in absence of clear and convincing evidence that their determination was arbitrary and capricious. Since such evidence was not shown, the claim may not be allowed. This action is in response to a letter dated February 26, 1981, with enclosures, from , a wage grade employee of the United.States Air Force, requesting further consideration of his. claim for additional environmental differeitial pay for the period August 7,- 1976, to January 7, 1980. claim was the subject of a settlement dated January 21, 1981, by our Claims Group, which disallowed the claim. The disallowance. uphel--the agency's determination that was not entitled to the additional pay. Under the regulations the primary authority to determine entitlement is in the agency concerned, and there was no showing of clear and convincing evidence that their deter- mination was in error. was employed as a battery repairer at Langley Air Force Base, Virginia, during the period in questidn. He asserts his claim for additional environ- mental differential pay on the general conditions which reportedly existed in the battery shop. at the base. He contends, in effect, that the conditions were such as to increase significantly the hazardous conditions that* normally are part of the work involved. It is asserted that the agency did not provide the necessary protective devices or take the necessary safety pejations in the operation of the shop. As a result, contends

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