A-4510, SEPTEMBER 4, 1924, 4 COMP. GEN. 263
Highlights
1924: I HAVE YOUR LETTER OF AUGUST 4. IN SO FAR AS THE UNITED STATES VETERANS' BUREAU IS CONCERNED. THE RULE WAS STATED AS FOLLOWS. GEN. 1001: IN VIEW OF THE FACT THAT THE POSITIONS OF THE FIELD SERVICE HAVE NOT BEEN CLASSIFIED AS PROVIDED BY LAW. ASSUMING THAT SUCH TRANSFER IS AUTHORIZED UNDER THE CIVIL SERVICE LAWS AND REGULATIONS. THIS MATTER WAS GIVEN THE MOST CAREFUL CONSIDERATION UPON THE SUBMISSION OF THE CIVIL SERVICE COMMISSION. IT IS BELIEVED THE RULE IS THE ONLY ONE JUSTIFIED IN ORDER TO REFLECT THE SPIRIT AND INTENT OF THE CLASSIFICATION ACT. THERE IS NO LEGAL BASIS FOR A COMPARISON OF THE DUTIES OF THE UNCLASSIFIED POSITIONS IN THE FIELD TO THE CLASSIFIED POSITIONS IN THE DEPARTMENTAL SERVICE.
A-4510, SEPTEMBER 4, 1924, 4 COMP. GEN. 263
CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFER FROM FIELD SERVICE TO DEPARTMENTAL SERVICE EMPLOYEES IN THE UNCLASSIFIED FIELD SERVICE OF THE VETERANS' BUREAU TRANSFERRED TO THE CLASSIFIED DEPARTMENTAL SERVICE OF THE BUREAU MUST ENTER THE CLASSIFIED DEPARTMENTAL SERVICE AT THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED.
COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, SEPTEMBER 4, 1924:
I HAVE YOUR LETTER OF AUGUST 4, 1924, REQUESTING DECISION WHETHER SOME MODIFICATION, IN SO FAR AS THE UNITED STATES VETERANS' BUREAU IS CONCERNED, MAY NOT BE MADE IN THE RULE LAID DOWN IN DECISON OF JUNE 26, 1924, TO THE CIVIL SERVICE COMMISSION, THAT AN EMPLOYEE TRANSFERRED FROM THE UNCLASSIFIED FIELD SERVICE TO THE CLASSIFIED DEPARTMENTAL SERVICE MUST BE PAID AT THE MINIMUM SALARY RATE OF THE GRADE PERTAINING TO THE POSITION INVOLVED.
THE RULE WAS STATED AS FOLLOWS, 3 COMP. GEN. 1001:
IN VIEW OF THE FACT THAT THE POSITIONS OF THE FIELD SERVICE HAVE NOT BEEN CLASSIFIED AS PROVIDED BY LAW, I AM CONSTRAINED TO HOLD THAT UNDER A TRANSFER FROM AN UNCLASSIFIED POSITION IN THE FIELD SERVICE TO A CLASSIFIED POSITION IN THE DISTRICT OF COLUMBIA, ASSUMING THAT SUCH TRANSFER IS AUTHORIZED UNDER THE CIVIL SERVICE LAWS AND REGULATIONS, THE COMPENSATION TO BE PAID WOULD BE THE MINIMUM COMPENSATION OF THE GRADE TO WHICH TRANSFERRED, AS CONSTITUTING IN EFFECT A NEW APPOINTMENT.
THIS MATTER WAS GIVEN THE MOST CAREFUL CONSIDERATION UPON THE SUBMISSION OF THE CIVIL SERVICE COMMISSION, AND IT IS BELIEVED THE RULE IS THE ONLY ONE JUSTIFIED IN ORDER TO REFLECT THE SPIRIT AND INTENT OF THE CLASSIFICATION ACT. THERE IS NO LEGAL BASIS FOR A COMPARISON OF THE DUTIES OF THE UNCLASSIFIED POSITIONS IN THE FIELD TO THE CLASSIFIED POSITIONS IN THE DEPARTMENTAL SERVICE, AND IN THE ABSENCE THEREOF A TRANSFER TO WASHINGTON TO A PARTICULAR GRADE HAS MOST OF THE ELEMENTS OF A NEW APPOINTMENT TO THE GRADE, WHICH THE LAW REQUIRES MUST BE AT THE MINIMUM SALARY RATE OF THE GRADE. THE RULE THAT A NEW APPOINTMENT MUST BE AT THE MINIMUM SALARY RATE OF THE GRADE IS INTENDED NOT ONLY FOR THE PURPOSE OF REQUIRING A NEW APPOINTEE TO BEGIN AT THE MINIMUM SALARY, BUT ALSO FOR THE PROTECTION AND BENEFIT OF THOSE ALREADY IN A GRADE. IT IS LARGELY FOR THIS LATTER REASON THAT I BELIEVE THE PERSONS HOLDING UNCLASSIFIED POSITIONS IN THE FIELD WHEN TRANSFERRED TO THE DEPARTMENTAL SERVICE SHOULD BE REQUIRED TO COME IN AT THE MINIMUM SALARY RATE. THIS RULE MAY, OF COURSE, BE SUBJECT TO CHANGE IF AND WHEN PROVISION IS MADE BY LAW FOR THE CLASSIFICATION OF THE FIELD SERVICE.