Turner v. United States

44 Fed. Cl. 588, 1999 U.S. Claims LEXIS 211, 1999 WL 669777
CourtUnited States Court of Federal Claims
DecidedAugust 26, 1999
DocketNo. 94-18C
StatusPublished
Cited by3 cases

This text of 44 Fed. Cl. 588 (Turner v. United States) is published on Counsel Stack Legal Research, covering United States Court of Federal Claims primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Turner v. United States, 44 Fed. Cl. 588, 1999 U.S. Claims LEXIS 211, 1999 WL 669777 (uscfc 1999).

Opinion

OPINION

ALLEGRA, Judge.

This civilian pay case is currently before the court on cross-motions for summary [589]*589judgment. Plaintiffs are employees or former employees of the United States Department of the Army, Corps of Engineers (the Corps), based in various northern Mississippi counties. They raise two distinct claims. First, the plaintiffs, other than Zedric Turner, Jr., argue that the existing federal wage survey area under which they are or were paid, should be the higher-paying Memphis, Tennessee survey area, rather than the lower-paying Northern Mississippi survey area.1 Second, Mr. Turner argues that, between 1980 and 1992, the Corps arbitrarily assigned him to the Northern Mississippi wage area, rather than the higher-paying Jackson, Mississippi area.2

I. Facts

In 1972, Congress passed the Prevailing Rate System Act, Pub.L. No. 92-392, 86 Stat. 564 (1972) (codified at 5 U.S.C. §§ 5341-49 (1994 & Supp. III 1997)), which is part of the Federal Wage System (FWS), 5 U.S.C. §§ 5301, et seq. (1994 & Supp. III 1997). Under this enabling legislation, the wages of federal blue collar employees were to be set relative to prevailing rates for comparable work in the private sector within a local wage area. 5 U.S.C. §§ 5341, 5343. In addition, this legislation provides, in pertinent part:

It is the policy of Congress that rates of pay of prevailing rate employees be fixed and adjusted from time to time as nearly as is consistent with the public interest in accordance with prevailing rates and be based on principles that—
(1) there will be equal pay for substantially equal work for all prevailing rate employees who are working under similar conditions of employment in all agencies within the same local wage area;
(2) there will be relative differences in pay within a local wage area when there are substantial or recognizable differences in duties, responsibilities, and qualification requirements among positions; ....

5 U.S.C. § 5341. See generally, United States v. Clark, 454 U.S. 555, 557, 102 S.Ct. 805, 70 L.Ed.2d 768 (1982).

Wage schedules under the FWS are established by the lead agency for a wage area. The lead agency for the Northern Mississippi, Jackson and Memphis wage areas is the Department of Defense. Although the Office of Personnel Management (OPM), with the advice of the Federal Prevailing Rate Advisory Committee (FPRAC), prescribes the policies and procedures for conducting wage surveys under the FWS, OPM does not itself conduct local wage surveys. Rather, under the established procedures, the lead agency creates a local wage survey committee, which conducts hearings at which interested organizations and individuals may appear to present information, requests, and recommendations pertaining to the conduct of the survey. The local wage survey committee then prepares a report to the lead agency offering any recommendations it has, including changes in the geographic coverage of the wage area. The lead agency then submits its recommendations to the FPRAC, which, in turn, evaluates them and makes it own recommendations to OPM. OPM then defines the boundaries of wage areas. See 5 C.F.R. § 532.231.

A. The Reservoir Claim

To the south of Memphis, there are a number of reservoirs managed by the Corps, each of which is located in relative proximity to a major north-south highway, Interstate 55. Plaintiffs Joey Capwell, Willie J. Davis, Earl Echols, Eddie J. Ford, John H. Ford, David Hall, Reuben James, Thomas T. Man-gum, Eddie McDonald, and Wayne Sanders are current or former prevailing wage employees of the Corps at these reservoirs. Messrs. Capwell, Davis, Echols, E. Ford, J. Ford, Hall and Magnum are or were stationed at the Enid Reservoir in Yalobusha County, Mississippi. (See accompanying county map). Messrs. James and McDonald are employed at the Grenada Reservoir,

[590]*590[[Image here]]

Grenada County, Mississippi, a county south of Yalobusha. Both the Enid and Grenada reservoir workers are paid based on the Northern Mississippi survey area.3

There are several other Corps reservoirs located within counties that lie south of Memphis, but north of Yalobusha and Grenada counties. The Sardis Reservoir is located in Panola County, Mississippi, which is due north of Yalobusha County. Like the workers at Enid and Grenada, the workers at Sardis are paid based on the Northern Mississippi survey area. While some of the Reservoir plaintiffs live in Panola County, none [591]*591of them work there. To the north of Panola County, lies Tate County, Mississippi, in which the Arkabutla Reservoir is located. The workers at Arkabutla are paid according to the rates of the Memphis, Tennessee survey area.

In defining wage area boundaries, OPM considers the following three regulatory criteria: (i) distance, transportation facilities, and geographic features; (ii) commuting patterns; and (Hi) similarities in overall population, employment, and the kinds and sizes of private industrial establishments. 5 C.F.R. § 532.211. On three separate occasions, in 1972, 1979 and 1983, the FPRAC considered whether to redefine the Northern Mississippi survey area and, more specifically, whether to add Panola and Yalobusha Counties to the Memphis survey area. After one of these reviews, OPM included several Mississippi counties that border Tennessee in the Memphis survey area, including Benton, Desoto, Marshall, Tate, Tippah and Tunica.

In 1995, following the filing of the complaint here, the FPRAC reviewed the scheme of the Northern Mississippi wage survey area. It specifically considered plaintiffs’ request to include the counties of Panola and Yalobusha in the Memphis wage survey area. The FPRAC, however, found no “compelling evidence” to make this change and recommended as such to OPM. In explaining its recommendation as to Yalobusha, the FPRAC stated:

Distance to the closest city and industry and population criteria favor the Columbus-Aberdeen [Northern Mississippi] wage area more than the Memphis wage area. Commuting patterns slightly favor the Columbus-Aberdeen wage area. Distance to the closest host installation favors the Memphis wage area. Transportation facilities and geographic features criteria are indeterminate. Based on the mixed nature of the regulatory analysis findings, there is no compelling reason to redefine Yalobusha County to another wage area.

Based on the “mixed nature of the regulatory analysis findings,” the FPRAC also declined to alter the wage treatment of Panola County. On March 18, 1996, OPM adopted the FPRAC recommendation. 61 Fed.Reg. 10879 (1996) (codified at 5 C.F.R. pt. 532 (1996)).

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Bluebook (online)
44 Fed. Cl. 588, 1999 U.S. Claims LEXIS 211, 1999 WL 669777, Counsel Stack Legal Research, https://law.counselstack.com/opinion/turner-v-united-states-uscfc-1999.