B-180486, NOV. 17, 1977, 57 COMP.GEN. 97

B-180486: Nov 17, 1977

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55 COMP.GEN.1443 (1976) HELD THAT PAY ADJUSTMENT FOR GENERAL SCHEDULE SUPERVISOR OF WAGE BOARD EMPLOYEE MUST BE ELIMINATED OR REDUCED WHEN CONDITIONS PRESCRIBED IN 5 U.S.C. 5333(B) ARE NO LONGER MET. THAT HOLDING IS NOT TO BE IMPLEMENTED WHILE CIVIL SERVICE COMMISSION REVIEWS REGULATIONS TO DETERMINE WHAT REGULATORY MODIFICATIONS MAY BE NEEDED TO IMPLEMENT THE DECISION. MEDAUGH WAS ENTITLED UNDER THE BACK PAY ACT (5 U.S.C. 5596) TO A RETROACTIVE ADJUSTMENT OF HIS SALARY BECAUSE OF AN ADMINISTRATIVE ERROR BY THE EMPLOYING AGENCY IN FAILING TO COMPLY WITH A MANDATORY AGENCY REGULATION REQUIRING THE PROMPT IDENTIFICATION OF MR. WE HELD THAT THE PAY ADJUSTMENT FOR GENERAL SCHEDULE SUPERVISORS OF WAGE BOARD EMPLOYEES AUTHORIZED BY 5 U.S.C. 5333(B) IS CONDITIONED ON THE CONTINUED SUPERVISION OF THE WAGE BOARD EMPLOYEE.

B-180486, NOV. 17, 1977, 57 COMP.GEN. 97

COMPENSATION - ADDITIONAL - SUPERVISION OF WAGE BOARD EMPLOYEES - CONDITIONS DECISION IN BILLY M. MEDAUGH, 55 COMP.GEN.1443 (1976) HELD THAT PAY ADJUSTMENT FOR GENERAL SCHEDULE SUPERVISOR OF WAGE BOARD EMPLOYEE MUST BE ELIMINATED OR REDUCED WHEN CONDITIONS PRESCRIBED IN 5 U.S.C. 5333(B) ARE NO LONGER MET. THAT HOLDING IS NOT TO BE IMPLEMENTED WHILE CIVIL SERVICE COMMISSION REVIEWS REGULATIONS TO DETERMINE WHAT REGULATORY MODIFICATIONS MAY BE NEEDED TO IMPLEMENT THE DECISION.

IN THE MATTER OF BILLY M. MEDAUGH, PAY ADJUSTMENT FOR SUPERVISOR, NOVEMBER 17, 1977:

WE REFER TO OUR DECISION ENTITLED BILLY M. MEDAUGH, 55 COMP.GEN. 1443 (1976) WHICH CONCERNED THE CLAIM OF A GENERAL SCHEDULE SUPERVISOR OF A WAGE BOARD EMPLOYEE FOR A RETROACTIVE WAGE ADJUSTMENT. THE DECISION HELD THAT MR. MEDAUGH WAS ENTITLED UNDER THE BACK PAY ACT (5 U.S.C. 5596) TO A RETROACTIVE ADJUSTMENT OF HIS SALARY BECAUSE OF AN ADMINISTRATIVE ERROR BY THE EMPLOYING AGENCY IN FAILING TO COMPLY WITH A MANDATORY AGENCY REGULATION REQUIRING THE PROMPT IDENTIFICATION OF MR. MEDAUGH FOR THE PAY ADJUSTMENT. IN ADDITION, WE HELD THAT THE PAY ADJUSTMENT FOR GENERAL SCHEDULE SUPERVISORS OF WAGE BOARD EMPLOYEES AUTHORIZED BY 5 U.S.C. 5333(B) IS CONDITIONED ON THE CONTINUED SUPERVISION OF THE WAGE BOARD EMPLOYEE, AND IS LIMITED TO THE NEAREST RATE OF THE SUPERVISOR'S GRADE WHICH EXCEEDS THE HIGHEST RATE OF BASIC PAY PAID TO THE SUPERVISED EMPLOYEE. WE THEREFORE CONCLUDED THAT WHEN THESE CONDITIONS ARE NO LONGER MET, AS WHEN THE WAGE BOARD EMPLOYEE IS SEPARATED OR REDUCED IN PAY, THE ADJUSTMENT PREVIOUSLY GRANTED TO THE SUPERVISOR MUST BE ELIMINATED OR REDUCED, AS REQUIRED BY THE CIRCUMSTANCES. THIS LATTER HOLDING IS THE SUBJECT OF THE PRESENT ACTION.

FOLLOWING THE ISSUANCE OF OUR DECISION IN MEDAUGH, WE DISCUSSED WITH THE CIVIL SERVICE COMMISSION THE APPROPRIATE MEANS TO IMPLEMENT AND ADMINISTER THAT DECISION. IT WAS AGREED THAT AGENCIES SHOULD BE ADVISED NOT TO IMPLEMENT THE LATTER HOLDING OF MEDAUGH WHILE THE COMMISSION DETERMINES WHAT MODIFICATIONS OR ADDITIONS TO EXISTING REGULATIONS MIGHT BE NEEDED. PURSUANT TO THAT AGREEMENT, ON AUGUST 11, 1977, THE CIVIL SERVICE COMMISSION ISSUED BULLETIN NO. 531-71, ADVISING THE AGENCIES NOT TO IMPLEMENT THAT PORTION OF OUR DECISION IN MEDAUGH CONCERNING THE REDUCTION OR ELIMINATION OF THE PAY ADJUSTMENT PRESCRIBED IN 5 U.S.C. 5333(B) FOR GENERAL SCHEDULE SUPERVISORS OF WAGE BOARD EMPLOYEES. WE HEREBY AFFIRM OUR CONCURRENCE IN THAT ACTION.

OUR PREVIOUS DECISION DATED SEPTEMBER 20, 1976, INDICATED THAT A SETTLEMENT WOULD BE ISSUED BY OUR CLAIMS DIVISION CONCERNING MR. MEDAUGH'S CLAIM. THAT SETTLEMENT REFLECTED RETROACTIVE PAYMENT OF THE ADJUSTMENT ONLY FOR A PERIOD WHEN MR. MEDAUGH SUPERVISED A WAGE BOARD EMPLOYEE WHOSE PAY EXCEEDED HIS OWN SALARY AND MADE NO ADJUSTMENT AFTER SEPTEMBER 30, 1972. MR. MEDAUGH'S INITIAL CLAIM, HOWEVER, INCLUDED NOTIFICATIONS OF PERSONNEL ACTION (SF-50) AND PAYROLL CHANGE SLIPS ISSUED ON JUNE 19, 1973, IN ORDER TO PROVIDE HIM WITH A RETROACTIVE WAGE ADJUSTMENT WITHOUT ANY DOWNWARD MODIFICATIONS. PRESUMABLY, FROM JUNE 19, 1973, MR. MEDAUGH HAS BEEN PAID AT THE PROPER GRADE AND THE APPROPRIATE STEP OF THAT GRADE. THEREFORE, IN ACCORDANCE WITH THE COMMISSION'S BULLETIN NO. 531-71 OUR CLAIMS DIVISION WILL ISSUE A FURTHER SETTLEMENT IN THE AMOUNT FOUND DUE UNDER THE CORRECTIVE PERSONNEL ACTIONS PROCESSED BY THE AGENCY ON JUNE 19, 1973.

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