Propriety of Making Payment on Claims for Additional Uniform Allowances

An official of the Maritime Admimistration (MA) requested an advance decision concerning the propriety of making payment on claims for additional uniform allowances from 1969 to 1978 which were submitted by 44 employees of the United States Merchant Marine Academy. In 1968 a supplemental uniform replacement allowance of $26.60 per year was established for the 44 employees who are required to wear uniforms at work. The amount of the annual replacement allowance was increased to $68.20 per year in 1978. The employees contended that MA authorities had a duty under regulations to review the amount of the allowance annually on the basis of yearly increases in uniform clothing costs. They further contended that MA authoritites failed to perform that duty, and because of that the amount of the allowance remained improperly frozen. They suggested that they should be paid additional amounts as compensation for the losses they believed they had incurred for each year during the period. Statutory law governing the entitlement of Federal employees to uniforms and uniform allowances authorizes an amount not to exceed $125 to be appropriated annually for each employee required to wear a uniform in the performance of his official duties. The head of the agency concerned is required to (1) furnish to each employee uniforms not exceeding $125 per year, or (2) pay each employee an allowance not exceeding $125 per year. The uniform or allowances are to be furnished in accordance with regulations prescribed by the Director of the Bureau of the Budget. Implementing regulations provide that when allowances are paid the agency shall develop lists of the required uniform items and their estimated costs, that the costs shall be reviewed annually, and that price lists shall be adjusted as necessary to reflect changes. An MA Order gives the superintendent of the Academy the responsibility for reviewing the allowances and recommending adjustments. GAO found that it would not be proper to give Merchant Marine Academy employee uniform policies a retroactive application over the preceeding 10 years. The uniform allowance entitlements of the claimants for that period are for determination under orders governing their entitlement during those years. Although the allowance granted the employees for uniform replacement was not reviewed annually, there was no indication that it was insufficient for its purpose during the period in question. Therefore, the 44 claims were denied.