Claim for Backpay

B-195596: Jul 8, 1980

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An employee appealed the denial of his claim in which he alleged that an error was made in fixing his pay upon conversion of his position from the prevailing rate hourly wage system to the General Schedule salary system. Prior to the conversion, the employee was assigned to a rotating shift which required him to periodically alternate with other employees on day shift, swing shift, or night shift. Employees on the night shift were paid a 15 percent per hour night differential. For the 3 days immediately preceding his conversion, the employee worked the day shift. The applicable regulation which gives agencies the authority and guidance necessary for converting positions to the General Schedule is silent with respect to night differential pay. However, it has been held that night differential is included in the conversion of an employee's pay to the General Schedule only if the employee was receiving during the last hour he is in pay status prior to his conversion. Accordingly, the denial of the claim for backpay incident to the conversion of the employee's conversion was sustained.