B-153657, MAY 13, 1964

B-153657: May 13, 1964

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THAT AMOUNT REPRESENTS THE STEP INCREASES OF PAY TO WHICH YOU WERE FOUND NOT ENTITLED. THE BASIS FOR YOUR REQUEST OF REVIEW ESSENTIALLY IS THAT. WHEN YOU WERE TRANSFERRED ON MAY 29. YOU WERE NOT GIVEN EXPRESS NOTICE THAT YOUR RATE OF PAY AT THAT TIME BECAME SUBJECT TO THE LIMITATIONS CONTAINED IN NAVY'S CIVILIAN PERSONNEL POLICY RULES AND REGULATIONS AS MIGHT THEREAFTER BE PUT INTO EFFECT ON OKINAWA. OUR VIEW IS THAT YOUR RATE OF PAY WAS TO BE GOVERNED BY THE NAVY'S OVERSEAS WAGE FIXING AUTHORITY. WHICH ARE DISCUSSED IN YOUR LETTER OF FEBRUARY 15. TO "FREEZE" THE PAY RATE YOU THEN WERE RECEIVING. THE OFFICE OF INDUSTRIAL RELATIONS HAS INFORMED US THAT DURING THE PERIOD OF YOUR EMPLOYMENT ON OKINAWA NO INCREASES WERE MADE IN THE RYUKYUAN SCHEDULE OF WAGES DATED JULY 12.

B-153657, MAY 13, 1964

TO MR. ISIDRO E. MATA:

YOUR LETTER OF FEBRUARY 15, 1964, REQUESTS REVIEW OF OUR CLAIMS DIVISION SETTLEMENT OF NOVEMBER 23, 1962, WHICH, FOR THE REASONS STATED THEREIN, DISALLOWED YOUR CLAIM FOR THE $186 YOU REFUNDED TO THE DEPARTMENT OF THE NAVY WHILE EMPLOYED BY THE U.S. MARINE CORPS, CAMP SMEDLEY D. BUTLER, TENGAN, OKINAWA. THAT AMOUNT REPRESENTS THE STEP INCREASES OF PAY TO WHICH YOU WERE FOUND NOT ENTITLED.

THE BASIS FOR YOUR REQUEST OF REVIEW ESSENTIALLY IS THAT, WHEN YOU WERE TRANSFERRED ON MAY 29, 1959, TO THE NAVY'S CIVILIAN PAYROLL UNDER THE "CROSS-SERVICING" AGREEMENT BETWEEN THE LOCAL COMMANDS, YOU WERE NOT GIVEN EXPRESS NOTICE THAT YOUR RATE OF PAY AT THAT TIME BECAME SUBJECT TO THE LIMITATIONS CONTAINED IN NAVY'S CIVILIAN PERSONNEL POLICY RULES AND REGULATIONS AS MIGHT THEREAFTER BE PUT INTO EFFECT ON OKINAWA.

PRIOR TO MAY 29, 1959, YOUR RATE OF PAY APPARENTLY HAD BEEN SUBJECT TO ADJUSTMENT UPWARD OR DOWNWARD AS MIGHT BE DETERMINED UNDER THE ARMY AIR FORCE WAGE BOARD'S AUTHORITY. HOWEVER, UPON YOUR TRANSFER TO THE NAVY'S JURISDICTION, OUR VIEW IS THAT YOUR RATE OF PAY WAS TO BE GOVERNED BY THE NAVY'S OVERSEAS WAGE FIXING AUTHORITY. HENCE, THE LOCAL REGULATIONS OF THE ARMY COMMAND IN THE AREA, WHICH ARE DISCUSSED IN YOUR LETTER OF FEBRUARY 15, NO LONGER APPLIED TO YOU.

YOUR CONTENTIONS PRIMARILY CONCERN THE NAVY OFFICE OF INDUSTRIAL RELATIONS' WAGE DETERMINATION ON MARCH 29, 1960, TO "FREEZE" THE PAY RATE YOU THEN WERE RECEIVING. THEREFORE, AND REGARDLESS OF THE LOCAL NAVY COMMAND'S FAILURE TO NOTIFY YOU OF SUCH DETERMINATION, WE POINT OUT THAT SUCH OFFICE'S INSTRUCTIONS OF MARCH 29, 1960, HAD THE FORCE AND EFFECT OF LAW IN YOUR CASE. A COMPARABLE SITUATION OFTENTIMES EXISTS IN ESTABLISHING STATUTORY SCHEDULES OF SALARY RATES OR IN PROVIDING FOR SOME CONVERSION OR CONSOLIDATION OF CLASSES OF JOBS OR GRADES, WHEN THE CONGRESS HAS PROVIDED THAT CERTAIN CATEGORIES OF EMPLOYEES SHALL BE GIVEN A RIGHT TO RETAIN ONLY THEIR EXISTING RATES OF PAY, WITHOUT INCREASE THEREOF, OTHER THAN A SPECIFIC INCREASE SUCH AS THE CONGRESS PROVIDES IN SOME STATUTE SUBSEQUENTLY ENACTED FOR THAT EXPRESS PURPOSE.

IN THAT REGARD, THE OFFICE OF INDUSTRIAL RELATIONS HAS INFORMED US THAT DURING THE PERIOD OF YOUR EMPLOYMENT ON OKINAWA NO INCREASES WERE MADE IN THE RYUKYUAN SCHEDULE OF WAGES DATED JULY 12, 1957, WHICH COULD HAVE BEEN APPLIED BY THE NAVY COMMAND AS INCREASING THE PAY RATE OF YOUR POSITION (LGS-211-5); AND THAT AN INCREASE OF YOUR "EXISTING" RATE COULD NOT HAVE BEEN FAVORABLY CONSIDERED UNDER SOME OTHER TYPE OF WAGE SCHEDULE ON OKINAWA. AS A MATTER OF FACT YOU WERE BENEFITED BY BEING ALLOWED TO RETAIN YOUR "EXISTING" RATE OF MAY 29, 1959. THE RECORD SHOWS THAT HAD YOUR POSITION BEEN CONVERTED ON MAY 29, 1959--- AS IT LEGALLY COULD HAVE BEEN CHANGED--- TO THE APPROPRIATE CLASS AND YEN RATE WHICH APPLIED TO RYUKYUAN EMPLOYEES OF THE NAVY, A CONSIDERABLE REDUCTION IN YOUR PAY COULD HAVE RESULTED ON THAT DATE.

IN THE CIRCUMSTANCES, AND BASED UPON THE ADMINISTRATIVE REPORT IN YOUR CASE, THE SETTLEMENT OF NOVEMBER 23, 1962, IS SUSTAINED.