United States v. Clark

Citation102 S.Ct. 805,70 L.Ed.2d 768,454 U.S. 555
Decision Date12 January 1982
Docket NumberNo. 80-1121,80-1121
PartiesUNITED STATES, Petitioner, v. Joseph J. CLARK, et al
CourtUnited States Supreme Court
Syllabus

There are two principal pay systems for federal employees: (1) The General Schedule (GS), which applies to "white-collar" employees and which is divided into numbered pay grades and subdivided into rates of pay or "steps" within each grade, with the salary for each "step" uniform nationwide; and (2) the prevailing wage system (WS), which primarily applies to "blue-collar" employees specifically excluded from GS, and which is also divided into grades and subdivided into "steps," with the rates of pay for each "step" based upon prevailing wage rates for comparable work in local areas. Salary treatment for employees shifted or hired into the GS system is governed by 5 U.S.C. § 5334 and implementing regulations. An employee's salary after promotion is determined by reference either to the "highest previous rate" rule under § 5334(a) and the governing regulation or to the "two-step increase" rule under § 5334(b), which provides for such an increase when an employee is promoted to a position in a higher "grade." Title 5 U.S.C. § 5331 assigns the word "grade" the meaning given by § 5102(a)(5), which in turn defines the word as those positions sufficiently similar to warrant their inclusion within one range of rates of basic pay "in the General Schedule." Respondents, after being promoted from WS to GS positions, were administratively held to be entitled to a salary increase determined by the "highest previous rate" rule, which gave them a smaller increase than they would have received under the "two-step increase" rule. They then filed an action in the Court of Claims, contending that they were entitled to a two-step increase in pay pursuant to § 5334(b). The Court of Claims upheld their claim and accordingly invalidated a regulation which construed § 5334(b) as limited to transfers or promotions within the GS.

Held : Section 5334(b) does not apply to WS employees promoted to GS positions. Pp. 560-567.

(a) Giving § 5334(b) its plain meaning, when an employee is promoted to a position in a higher grade "in the General Schedule," he is entitled to pay which exceeds by two step increases his pay in the grade "in the General Schedule" from which he was promoted. Absent statutory language indicating that Congress intended to include employees promoted from WS to GS within § 5334(b)'s two-step requirement, the statute reveals an intent to apply such requirement only to promotions of employees already within the GS system. Pp. 560-561. (b) Although the legislative history does not expressly indicate that Congress intended to limit § 5334(b) and its predecessor to GS employees, the history does provide ample indication that such was Congress' intent. Pp. 561-565.

(c) Although not determinative, the construction of a statute by those charged with its administration is entitled to great deference, particularly when that interpretation has been followed consistently over a long period of time. Here, the agency responsible for proposing and administering § 5334(b) has consistently construed it to apply only to promotions within the GS. Pp. 565-566.

220 Ct.Cl. 278, 599 F.2d 411, reversed.

Alan I. Horowitz, Washington, D. C., for petitioner.

John I. Heise, Jr., Silver Spring, Md., for respondents.

Justice O'CONNOR delivered the opinion of the Court.

The issue in this case is whether 5 U.S.C. § 5334(b), which requires a two-step pay increase for federal employees "promoted . . . to a position in a higher grade," applies to prevailing wage rate employees promoted to General Schedule positions. We hold that it does not apply, and reverse the judgment of the Court of Claims.

I

This 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. Both systems are governed by Title 5, United States Code.

One of the pay systems, the General Schedule (GS), 5 U.S.C. § 5331 et seq., (1976 ed. and Supp.V), applies to federal "white-collar" employees. See R. Vaughn, Principles of Civil Service Law § 6.2(a), at p. 6-4 (1976) (hereinafter Vaughn). The GS is divided into 18 numbered grades; as the number of the grade increases, so do pay and responsibilities. 5 U.S.C. §§ 5104 and 5332 (1976 ed. and Supp.V). The grades are subdivided into rates of pay or "steps." § 5332. The salary for each step of each grade in the GS is uniform nationwide.1

The second principal pay system is the prevailing rate wage system (WS), 5 U.S.C. § 5341 et seq., (1976 ed. and Supp.V), which primarily applies to those federal "blue-collar" employees specifically excluded from the GS. See 5 U.S.C. §§ 5102(b), (c)(7), 5331, and 5342(a)(2)(A); Vaughn § 6.2(b), p. 6-17. The WS also is divided into grades and subdivided into "steps." The rate of pay for each step within each grade is based upon wage surveys of prevailing rates for comparable work in local wage areas. 5 U.S.C. § 5343 (1976 ed. and Supp.V); Office of Personnel Management, Federal Personnel Manual, Supp. 532-1, 56 (Apr. 14, 1980) (hereinafter FPM). Pay rates for positions within the WS thus vary from one locale to another.

Salary treatment for GS employees who change their employment status and employees shifted or hired into the GS system is governed by 5 U.S.C. § 5334 (1976 ed. and Supp.V) and regulations promulgated pursuant thereto. Under the statute, an employee's salary after promotion is determined by reference either to the "highest previous rate" rule 2 or to the "two-step increase" rule.3

Prior to July 1973, all six respondents worked as federal civilian employees for the Supervisor of Shipbuilding, Department of the Navy. In those positions, they were paid pursuant to the WS. Between July 1973 and October 1974, all were promoted to positions covered by the GS.4 After his promotion, Libretto learned that the other respondents received a salary increase equivalent to a two-step pay increase on their appointment to the GS positions.5 Since Li- bretto's increase was based upon the "highest previous rate" rule and was much smaller, he filed a claim with the Department of the Navy. As a result, the Navy reexamined the salary treatment afforded respondents. Concluding the salaries of all should have been determined by applying the "highest previous rate" rule, the Navy denied Libretto's claim and notified the other respondents their salaries would be reduced accordingly.

Respondents unsuccessfully pursued their administrative remedies and then filed this action in the Court of Claims under the Tucker Act, 28 U.S.C. § 1491, and the Back Pay Act of 1966, 5 U.S.C. § 5596. Respondents contended they were entitled to a two-step increase in pay pursuant to 5 U.S.C. § 5334(b) (1976 ed., Supp.V). The Government opposed the claims on the ground that § 5334(b) applies only to promotions within the GS and not to shifts or promotions between the WS and the GS, which are governed by § 5334(a).

The Court of Claims, reasoning that respondents had been "promoted" within the meaning of 5 CFR § 531.202(h)(2) (1969),6 determined they were entitled to a two-step increase under § 5334(b). Accordingly, the court invalidated, as inconsistent with the statute, 5 CFR § 531.204(a) (1969), which construed § 5334(b) as limited to transfers or promotions within the GS. 220 Ct.Cl. 278, 599 F.2d 411 (1979).

After remand, the parties stipulated to the amount of respondents' recovery, and the court entered final judgment on August 8, 1980. We granted the Government's petition for writ of certiorari to the United States Court of Claims. 450 U.S. 993, 101 S.Ct. 1693, 68 L.Ed.2d 192 (1981). We have jurisdiction based upon 28 U.S.C. § 1255.

II

We look first to the language and organization of the statutes governing General Schedule pay rates and the prevailing rate wage system. If the statutory language is clear, it is ordinarily conclusive. See Consumer Product Safety Comm'n v. GTE Sylvania, Inc., 447 U.S. 102, 100 S.Ct. 2051, 64 L.Ed.2d 766 (1980).

Section 5334 is part of subchapter III, chapter 53 of Title 5, entitled "General Schedule Pay Rates." Subsection 5334(a) describes the general conditions, including promotions, under which a GS employee is entitled to a change in basic pay. It directs simply that the rate is "governed by regulations prescribed by the [Civil Service Commission]. . . ." Following that direction, the Civil Service Commission promulgated the "highest previous rate" rule.7

In subsection 5334(b), on the other hand, Congress restricted the Commission's discretion in one limited situation:

"An employee who is promoted or transferred to a position in a higher grade is entitled to basic pay at the lowest rate of the higher grade which exceeds his existing rate of basic pay by not less than two-step increases of the grade from which he is promoted or transferred."

For purposes of subchapter III, 5 U.S.C. § 5331 assigns the word "grade" the meaning given the term by 5 U.S.C. § 5102(a)(5). That section, in turn, defines a grade as those positions sufficiently similar to warrant their inclusion within one range of rates of basic pay "in the General Schedule." Giving § 5334(b) its plain meaning, then, when an employee is promoted to a position in a higher grade "in the General Schedule," he is entitled to pay which exceeds by two-step increases his pay in the grade "in the General Schedule" from which he was promoted.

The Wage System, on the other hand, is governed by subchapter IV of chapter 53, Title 5. No express statutory provision in subchapter IV defines how an employee's salary should be set when a WS employee is promoted to a GS position. Thus, the only applicable statutory provisions are those found in subchapter III and its accompanying regulations, which specifically limit the two-step increase to promotions within...

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