B-138279, AUG. 28, 1967

B-138279, AUG. 28, 1967

COMPENSATION - PERIODIC STEP INCREASE - WORKWEEK CHANGES DECISION TO AIR FORCE ACCOUNTING AND FINANCE OFFICER PERTAINING TO CLAIM FOR COMPENSATION DUE FROM CHANGES IN ADMINISTRATIVE WORKWEEK WHICH AFFECTED BEGINNING DATES OF PERIODIC STEP INCREASE. AN EMPLOYEE WHO COMPLETED A WAITING PERIOD FOR A PERIODIC STEP INCREASE ON APRIL 23, 1967 AND CHANGE IN HIS ADMINISTRATIVE WORKWEEK PRECLUDED THE STEP INCREASE FROM BECOMING EFFECTIVE UNTIL THE FIRST DAY OF THE NEXT FOLLOWING PAY PERIOD, MAY 7, 1967, MUST HAVE THE ADMINISTRATIVE WORKWEEK CHANGES REGARDED AS BEING MADE IN ACCORDANCE WITH 5 U.S.C. 6101 (A), AND THEREFORE ADMINISTRATIVE ACTION IN AUTHORIZING STEP INCREASES AT THE BEGINNING OF THE NEXT PAY PERIOD ACCORDED WITH 5 U.S.C. 5335. THEREFORE THE EMPLOYEE IS NOT ENTITLED TO ADDITIONAL COMPENSATION BECAUSE OF THE DEFERMENTS IN EFFECTIVE DATE OF THE STEP INCREASE.

TO LIEUTENANT COLONEL J. R. KELLIHER, USAF:

ON AUGUST 2, 1967, FILE AFAAFBA, THE CHIEF, PAY AND TRAVEL DIVISION, DIRECTORATE OF ACCOUNTING AND FINANCE, TRANSMITTED HERE YOUR LETTER OF JULY 18, 1967, AND ENCLOSURES, FILE CF, PERTAINING TO THE CLAIM OF WARREN W. NEAL FOR AN ADDITIONAL AMOUNT ALLEGED TO BE DUE RESULTING FROM CHANGES IN THE ADMINISTRATIVE WORKWEEK WHICH AFFECTED THE BEGINNING DATES OF HIS PERIODIC STEP INCREASES.

THE RECORD SHOWS THAT AFTER THE EMPLOYEE HAD COMPLETED 104 WEEKS IN GRADE GS-12, STEP 5, HE WAS ADVANCED TO STEP 6 EFFECTIVE APRIL 29, 1962. AUGUST 2, 1962, THE ADMINISTRATIVE WORKWEEK IN THE AIR FORCE WAS CHANGED FROM SUNDAY THROUGH SATURDAY TO MONDAY THROUGH SUNDAY. THUS, THOUGH MR. NEAL'S NEXT WAITING PERIOD WAS COMPLETED ON APRIL 25, 1964, THE PERIODIC STEP INCREASE WAS NOT MADE EFFECTIVE UNTIL MONDAY, APRIL 27, 1964, THE FIRST DAY OF THE FOLLOWING PAY PERIOD.

ON APRIL 9, 1967, THE AIR FORCE AGAIN CHANGED ITS ADMINISTRATIVE WORKWEEK TO CONFORM WITH THE SUNDAY THROUGH SATURDAY WEEK GENERALLY FOLLOWED IN THE GOVERNMENT. THEREFORE, WHILE THE EMPLOYEE COMPLETED THE SECOND WAITING PERIOD ON APRIL 23, 1967, HIS STEP INCREASE DID NOT BECOME EFFECTIVE UNTIL SUNDAY, MAY 7, 1967, THE FIRST DAY OF THE NEXT FOLLOWING PAY PERIOD.

THE EMPLOYEE EXPRESSES THE VIEW THAT THE CHANGES IN ADMINISTRATIVE WORKWEEKS MAY NOT LAWFULLY OPERATE TO DEFER THE EFFECTIVE DATES OF PERIODIC STEP INCREASES AND CONTENDS THAT HIS STEP INCREASES SHOULD BE RECOMPUTED TO BECOME EFFECTIVE ON APRIL 26, 1964, AND APRIL 23, 1967, RESPECTIVELY.

5 U.S.C. 6101 (A) REQUIRES THE HEADS OF DEPARTMENTS AND AGENCIES TO ESTABLISH ADMINISTRATIVE WORKWEEKS OF 40 HOURS AND PROVIDES THAT THE HOURS OF WORK WITHIN SUCH WORKWEEK SHALL BE PERFORMED WITHIN A PERIOD OF NOT MORE THAN 6 OF ANY 7 CONSECUTIVE DAYS. 5 U.S.C. 6101 (B) VESTS DISCRETION IN DEPARTMENT AND AGENCY HEADS TO MODIFY THE DAYS AND HOURS OF THE WORKWEEK WHEN THEY DETERMINE THAT THEIR ORGANIZATIONS WOULD BE SERIOUSLY HANDICAPPED IN CARRYING OUT THEIR FUNCTIONS OR THAT COSTS WOULD BE SUBSTANTIALLY INCREASED. SEE 42 COMP. GEN. 195, 200. WE MUST CONCLUDE THAT THE CHANGES IN THIS CASE WERE PURSUANT TO SUCH DETERMINATIONS.

5 U.S.C. 5335 PROVIDES THAT AN EMPLOYEE "SHALL BE ADVANCED IN PAY SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF * * * (2) EACH 104 CALENDAR WEEKS OF SERVICE IN PAY RATES 4, 5, AND 6; OR (3) EACH 156 CALENDAR WEEKS OF SERVICE IN PAY RATES 7, 8, AND 9 * * *.'

THUS, IT APPEARS THAT THE ADMINISTRATIVE ACTION IN AUTHORIZING THE PERIODIC STEP INCREASES TO BE EFFECTIVE AT THE BEGINNING OF THE NEXT PAY PERIOD FOLLOWING THE COMPLETION OF THE REQUIRED WAITING PERIOD IN THE GRADE STEP WAS IN ACCORD WITH THE MANDATORY REQUIREMENT OF THE STATUTE. CONSEQUENTLY, MR. NEAL IS NOT ENTITLED TO ANY ADDITIONAL AMOUNT BECAUSE OF THE DEFERMENTS IN THE EFFECTIVE DATES OF HIS STEP INCREASES WHICH DEFERMENTS WERE INDIRECT CONSEQUENCES OF CHANGES IN THE ADMINISTRATIVE WORKWEEKS.

THE VOUCHER WHICH MAY NOT LAWFULLY BE PAID IS RETAINED IN THE FILES OF OUR OFFICE.