B-163365, MAR. 4, 1968

B-163365, MAR. 4, 1968

COMPENSATION - WAGE BOARD EMPLOYEES - RETROACTIVE DECISION TO PORTSMOUTH METAL TRADES COUNCIL AS TO RETROACTIVE PAYMENT OF ADDITIONAL COMPENSATION TO AN UNGRADED EMPLOYEE AT PORTSMOUTH NAVAL SHIPYARD. WAGE BOARD EMPLOYEE WHO AS RESULT OF GRIEVANCE APPEAL HAD DEPARTMENT APPROVE AN INCREASE IN COMPENSATION FOR DUTIES HE PERFORMED EFFECTIVE IN OCTOBER 12, 1967, IS NOT ENTITLED TO HAVE ADDITIONAL COMPENSATION INCREASED RETROACTIVE TO DATE HE ASSUMED DUTIES BUT ONLY FROM DATE OF DEPARTMENTAL APPROVAL.

TO MR. WILLARD MORRILL, PRESIDENT:

IN YOUR LETTER OF JANUARY 17, 1968, YOU REQUEST THAT ADDITIONAL COMPENSATION BE AUTHORIZED RETROACTIVELY FOR AN UNGRADED EMPLOYEE (MULTILITH OPERATOR) OF THE DEPARTMENT OF THE NAVY STATIONED AT THE PORTSMOUTH NAVAL SHIPYARD, PORTSMOUTH, NEW HAMPSHIRE.

THE CLAIM FOR ADDITIONAL COMPENSATION IS BASED UPON THE PERFORMANCE BY THE EMPLOYEE OF THE DUTIES AND RESPONSIBILITIES OF HIS FOREMAN (SNAPPER) IN THE PRINTING AND LITHOGRAPHIC SERVICE (FIELD) FOR 85 HOURS BETWEEN JULY 7 AND SEPTEMBER 7, 1967. IT IS YOUR VIEW THAT BECAUSE OF A GRIEVANCE APPEAL INITIATED ON SEPTEMBER 7, 1967, ON BEHALF OF THE EMPLOYEE IN QUESTION WHICH RESULTED IN THE ESTABLISHMENT BY THE OFFICE OF CIVILIAN MANPOWER MANAGEMENT, DEPARTMENT OF THE NAVY, OF AN ADDITIONAL PAY ASSIGNMENT OF SNAPPER IN THE PRINTING AND LITHOGRAPHIC SERVICE (FIELD) ON OCTOBER 12, 1967, THAT HE SHOULD BE ENTITLED TO THE INCREASE FROM JULY 7, 1967, THE DATE THAT HE ASSUMED THE SNAPPER DUTIES.

INSOFAR AS EMPLOYEES PAID UNDER THE PREVAILING RATE SYSTEM ARE CONCERNED 5 U.S.C. 5341 PROVIDES THAT THEIR PAY SHALL BE FIXED AND ADJUSTED FROM TIME TO TIME AS NEARLY AS IS CONSISTENT WITH PUBLIC INTERESTS IN ACCORDANCE WITH PREVAILING RATES. WITH RESPECT TO ADDITIONAL PAY FOR DUTY AS A SNAPPER THE DEPARTMENT OF THE NAVY IN NCPI 531, ENCLOSURE 2, ADDITIONAL PAY SCHEDULE 3.16, PROVIDES THAT APPROVAL FOR SUCH INCREASES OTHER THAN IN THE GENERAL WAGE SERVICE MUST BE OBTAINED FROM THE OFFICE OF INDUSTRIAL RELATIONS (NOW CCMM). AS NOTED ABOVE THE INITIAL APPROVAL BY THE DEPARTMENT IN THIS CASE WAS OCTOBER 12, 1967.

IT LONG HAS BEEN THE RULE OF THIS OFFICE THAT IN THE ABSENCE OF A CONTROLLING STATUTE, ANY DECREASES OR INCREASES IN COMPENSATION MAY NOT BE MADE RETROACTIVELY EFFECTIVE. SEE 24 COMP. GEN. 676; 27 ID. 649; AND 40 ID. 212. CF. 5 U.S.C. 5343.

IN VIEW OF THE FACT THAT THE INCREASE IN THE INSTANT CASE WAS NOT APPROVED BY THE DEPARTMENT UNTIL OCTOBER 12, 1967, ITS EFFECT CANNOT ANTEDATE SUCH ACTION. ACCORDINGLY, THERE WOULD BE NO BASIS FOR OUR OFFICE OR THE COMPTROLLER OF THE NAVY APPROVING SNAPPER ADDITIONAL PAY FOR THE 85 HOURS OF DUTY PERFORMED PRIOR TO OCTOBER 12, 1967.