A-39245, A-39328, JANUARY 15, 1935, 14 COMP. GEN. 539

A-39245, A-39328, JANUARY 15, 1935, 14 COMP. GEN. 539

CLASSIFICATION - FIELD SERVICE OF THE WAR DEPARTMENT SUSPENSION OF THE CLASSIFICATION OF THE REGULAR POSITIONS IN THE FIELD SERVICE OF THE WAR DEPARTMENT REQUIRED BY REASON OF THE PROVISIONS OF THE ECONOMY ACT PROHIBITING ADMINISTRATIVE PROMOTIONS, MAY BE REGARDED AS CONTINUING IN EFFECT, AT LEAST DURING THE CURRENT FISCAL YEAR, WHERE THERE ARE SHOWN INSUFFICIENT SAVINGS IN PERSONNEL APPROPRIATIONS ON AN ANNUAL BASIS. THE CLASSIFICATION OF EMERGENCY POSITIONS IN THE FIELD SERVICE OF THE WAR DEPARTMENT, THAT IS, POSITIONS THE SALARIES OF WHICH ARE PAID FROM ALLOTTED EMERGENCY FUNDS, PURSUANT TO EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, IS MANDATORY. THE RATES FIXED IN THE EXECUTIVE ORDER OR REGULAR CLASSIFICATION ACT, MUST BE SHOWN ON THE PAY ROLLS FOR ALL EMERGENCY POSITIONS IN ORDER THAT THIS OFFICE MAY DETERMINE THAT THE SALARY RATE PAID DOES NOT EXCEED THE RATE FIXED IN THE EXECUTIVE ORDER FOR THE CORRESPONDING GRADE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JANUARY 15, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 29, 1934, AS FOLLOWS:

THE ATTENTION OF THIS OFFICE HAS JUST BEEN CALLED TO A LETTER FROM THE GENERAL ACCOUNTING OFFICE, DATED DECEMBER 4, 1934, TO THE FINANCE OFFICER, U.S. ARMY, FORT SAM HOUSTON, TEXAS, STATING THAT HEREAFTER PAY-ROLL VOUCHERS SHOULD BE PREPARED TO SHOW THE APPLICABLE CLASSIFICATION GRADES.

AS YOU ARE AWARE THE EMPLOYEES IN THE FIELD SERVICES OF THE WAR DEPARTMENT PAID FROM THE REGULAR APPROPRIATION HAVE NOT BEEN CLASSIFIED UNDER THE CLASSIFICATION ACT. IN YOUR DECISION OF JANUARY 11, 1932, YOU HELD THAT THE PROVISIONS OF THE ACT MUST BE EXTENDED TO THE FIELD SERVICES OF THE DEPARTMENT NOT LATER THAN JULY 1, 1932; BUT LATER, FOLLOWING THE PASSAGE OF THE ECONOMY ACT, YOU RULED UNDER DATE OF JULY 15, 1932 (12 COMP. GEN. 48), THAT THE APPLICATION OF YOUR DECISION OF JANUARY 11, 1932, WAS SUSPENDED DURING THE FISCAL YEAR 1933. AS THE BASIS FOR YOUR SUSPENSION RULING WAS THE PROVISION IN THE ECONOMY ACT PROHIBITING ADMINISTRATIVE PROMOTIONS, SUCH RULING WAS UNDERSTOOD TO SUSPEND FIELD CLASSIFICATION UNDER THE WAR DEPARTMENT DURING THE LIFE OF THAT PROVISION OF THE ECONOMY ACT.

SINCE IT MAY BE HELD THAT THE PROVISION CONTAINED IN THE ECONOMY LAW OF MARCH 29, 1934, AUTHORIZING ADMINISTRATIVE PROMOTIONS OUT OF SAVINGS, HAS A BEARING ON THE MATTER OF FIELD CLASSIFICATION, THE FOLLOWING IS TO BE STATED. THE SITUATION IN THE FIELD SERVICES OF THE WAR DEPARTMENT AT THIS TIME IS NOT MATERIALLY DIFFERENT THAN IT WAS IN 1932. THERE ARE MANY EMPLOYEES THROUGHOUT THE UNITED STATES AND IN THE INSULAR POSSESSIONS AND FOREIGN COUNTRIES WHO RECEIVE LESS THAN THE INITIAL RATES PRESCRIBED BY THE CLASSIFICATION ACT FOR THE GRADES TO WHICH THEIR POSITIONS WOULD BE ALLOCATED. THIS IS DUE TO THE LONG ESTABLISHED PRACTICE OF APPLYING THE RATES OF THE COMMUNITY. SUFFICIENT FUNDS DO NOT EXIST TO MAKE ADJUSTMENTS TO THE INITIAL RATES OF THEIR POTENTIAL CLASSIFICATION GRADES. IF SUCH ADJUSTMENTS WERE REQUIRED IT WOULD BE NECESSARY TO DISCHARGE MANY EMPLOYEES TO EFFECT THE REQUIRED SAVINGS AND THIS AT A TIME WHEN THEIR SERVICES ARE NEEDED AND WHEN IT WILL PROBABLY BE IMPOSSIBLE FOR THEM TO OBTAIN EMPLOYMENT ELSEWHERE. FURTHER, TO PUT INTO EFFECT CLASSIFICATION IN THE FIELD AND LEAVE UNCHANGED THE RATES OF THOSE BELOW THE GRADE INITIAL RATES, WOULD REQUIRE, IT IS UNDERSTOOD, THAT NEW APPOINTEES BE PAID THE INITIAL RATE OF THE GRADES TO WHICH THEIR JOBS ARE ALLOCATED WHICH WOULD SERIOUSLY AFFECT THE MORALE OF THE SERVICE. THIS WOULD PRODUCE AN EXTENSIVE SITUATION IN WHICH EMPLOYEES OF SEVERAL YEARS' EXPERIENCE WOULD BE PAID LESS THAN A NEW APPOINTEE ASSIGNED TO THE SAME OR SIMILAR WORK, AND IN MAY CASES WOULD BE CALLED UPON TO INSTRUCT THE NEW AND HIGHER PAID APPOINTEES.

IN VIEW OF THE FOREGOING THE DEPARTMENT CANNOT TOO STRONGLY URGE THAT THE COMPTROLLER GENERAL CONTINUE TO APPLY HIS SUSPENSION RULING OF JULY 15, 1932.

THE LETTER FROM THIS OFFICE OF DECEMBER 4, 1934, REQUESTED THAT "HEREAFTER ALL PAY-ROLL VOUCHERS SHALL BE PREPARED TO SHOW APPLICABLE CLASSIFICATION GRADES," THERE BEING CITED DECISIONS APPLICABLE BOTH TO THE REGULAR AND EMERGENCY POSITIONS.

HOWEVER, AS TO REGULAR FIELD EMPLOYEES UNDER THE WAR DEPARTMENT, DECISION OF JULY 15, 1932, 12 COMP. GEN. 48, 49, HELD AS FOLLOWS:

YOU ARE ADVISED, THEREFORE, THAT YOUR ORDER OF MAY 4, 1932, TO BECOME EFFECTIVE JULY 1, 1932, PROPOSING THE INCREASE OF RATES OF CERTAIN FIELD EMPLOYEES UNDER THE WAR DEPARTMENT, HAS BEEN RENDERED INOPERATIVE BY SECTION 202 OF THE ACT OF JUNE 30, 1932, PROVIDING THAT "NO ADMINISTRATIVE PROMOTIONS IN THE CIVILIAN BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933.' AND THEREFORE, SINCE THE REALLOCATIONS DID NOT BECOME EFFECTIVE BEFORE JULY 1, 1932, AND CANNOT BECOME EFFECTIVE DURING THE FISCAL YEAR 1933, THERE IS NO REQUIREMENT DURING THE FISCAL YEAR 1933 TO FIX THE SALARY RATES OF THE NEW APPOINTEES REFERRED TO, IF AND WHEN AUTHORIZED TO BE EMPLOYED UNDER THE EXCEPTIONS TO SECTION 202 OF THE ACT OF JUNE 30, 1932, REFERRED TO AS (1) AND (2) OF YOUR SUBMISSION OF JULY 11, ABOVE THE EXISTING RATES FOR THE SAME OR SIMILAR DUTIES, ALTHOUGH LESS THAN THE MINIMUM SALARY RATE OF THE GRADE PRESCRIBED BY THE CLASSIFICATION ACT, IN WHICH CORRESPONDING POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA HAVE BEEN ALLOCATED.

AS THE STATUTORY PROHIBITION AGAINST ADMINISTRATIVE PROMOTIONS WAS EXTENDED THROUGH THE FISCAL YEAR 1935, EXCEPT AS TO SUCH PROMOTIONS AS MAY BE MADE FROM AVAILABLE SAVINGS IN PERSONNEL APPROPRIATIONS ON AN ANNUAL BASIS, AND AS YOUR LETTER IN EFFECT STATES THAT THERE ARE NO SAVINGS AVAILABLE DURING THE CURRENT FISCAL YEAR FROM WHICH THE CLASSIFICATION OF THE REGULAR FIELD SERVICE MAY BE PUT INTO EFFECT WITHOUT MAKING ADMINISTRATIVE PROMOTIONS CONTRARY TO LAW, THE DECISION OF JULY 15, 1932, SUPRA, SUSPENDING CLASSIFICATION OF THE REGULAR FIELD POSITIONS UNDER THE WAR DEPARTMENT MAY BE REGARDED AS CONTINUING IN EFFECT, AT LEAST, DURING THE CURRENT FISCAL YEAR.

YOU ARE ADVISED, THEREFORE, THAT THE CLASSIFICATION ACT GRADE NEED NOT BE SHOWN FOR THE REGULAR FIELD POSITIONS UNDER THE WAR DEPARTMENT WHICH HAVE NOT HERETOFORE BEEN CLASSIFIED AND THE SALARIES OF WHICH ARE PAID UNDER REGULAR APPROPRIATIONS.

HOWEVER, THE SITUATION AS TO EMERGENCY POSITIONS IS NOT THE SAME. THE REQUIREMENT FOR CLASSIFICATION OF EMERGENCY POSITIONS--- THAT IS, POSITIONS UNDER THE WAR DEPARTMENT THE SALARIES OF WHICH ARE PAID FROM ALLOTTED EMERGENCY FUNDS, PURSUANT TO EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, SUPERSEDING EXECUTIVE ORDER NO. 6440, OF NOVEMBER 18, 1933, IS MANDATORY. IT SHOULD BE NOTED IN THIS CONNECTION, HOWEVER, THAT THE PARAGRAPH OF THE EXECUTIVE ORDER OF JUNE 21, 1934, IMMEDIATELY FOLLOWING THE SCHEDULE OF RATES, VESTS IN THE HEADS OF THE REGULAR DEPARTMENTS AND ESTABLISHMENTS THE ELECTION TO CLASSIFY EMERGENCY POSITIONS THE SALARIES OF WHICH ARE PAID FROM ALLOTTED EMERGENCY FUNDS, EITHER UNDER THE TERMS OF THE EXECUTIVE ORDER OR THE CLASSIFICATION ACT, AS AMENDED. IT IS PROVIDED IN THE PARAGRAPH OF THE EXECUTIVE ORDER IMMEDIATELY PRECEDING THE SCHEDULE OF RATES THAT IF THE CLASSIFICATION PROCEDURE PRESCRIBED BY THE ORDER IS ADMINISTRATIVELY ADOPTED, THE DIRECTION AND AUTHORIZATION IS TO "CLASSIFY THE POSITIONS OF THE EMPLOYEES * * * AND ADJUST AND FIX RATES OF COMPENSATION THEREFOR AT AMOUNTS NOT IN EXCESS OF THOSE PRESCRIBED THEREIN FOR THE CORRESPONDING GRADES.'

YOU ARE ADVISED, THEREFORE, THAT THE CLASSIFICATION GRADE, EITHER EXECUTIVE ORDER OR REGULAR CLASSIFICATION ACT GRADE, MUST BE SHOWN ON THE PAY ROLLS FOR ALL EMERGENCY POSITIONS UNDER THE WAR DEPARTMENT, THE SALARIES OF WHICH ARE PAID FROM ALLOTTED EMERGENCY FUNDS, IN ORDER THAT THIS OFFICE MAY DETERMINE THAT THE SALARY RATE PAID DOES NOT EXCEED THE RATE FIXED IN THE EXECUTIVE ORDER FOR THE COMPARABLE GRADES.