LOCATION: Turner Turnpike
DOCKET NO.: 80-1121
DECIDED BY: Burger Court (1981-1986)
CITATION: 454 US 555 (1982)
ARGUED: Nov 03, 1981
DECIDED: Jan 12, 1982
Alan I. Horowitz - on behalf of the Petitioner
John I. Heise, Jr. - on behalf of the Respondent
Facts of the case
Media for United States v. ClarkAudio Transcription for Oral Argument - November 03, 1981 in United States v. Clark
Audio Transcription for Opinion Announcement - January 12, 1982 in United States v. Clark
Warren E. Burger:
The judgment and opinion of the Court in No. 80-1121, United States against Clark will be announced by Justice O'Connor.
Sandra Day O'Connor:
This case comes to us on certiorari to the United States Court of Claims.
The case involves the relationship between the two principal pay systems for federal employees and the pay treatment to which an employee moving from one system to another is entitled.
Respondents were promoted from positions and the prevailing wage system which covers traditionally blue-collar jobs to positions in the General Schedule which covers traditionally white-collar jobs.
The Court of Claims held that respondents were entitled to a two-step pay increase when they received their promotions.
The Government contended the statutory provision allowing a two-step increase upon promotion applies only to employees promoted from one General Schedule position to another and that respondents' pay treatment should have been determined by reference to the highest previous rate rule.
The statutory language, the statutes' legislative history and the consistent administrative interpretation of the statute all clearly indicate that the two-step increase provision does not apply to promotions from the prevailing wage system to the General Schedule.
In a unanimous opinion filed today, the judgment of the Court of Claims is reversed.
Warren E. Burger:
Thank you Justice O'Connor.