A-32886, AUGUST 11, 1930, 10 COMP. GEN. 69

A-32886, AUGUST 11, 1930, 10 COMP. GEN. 69

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES WHERE THE FAILURE TO ADJUST THE SALARY OF A FIELD EMPLOYEE OF THE UNITED STATES VETERANS' BUREAU IN ACCORDANCE WITH THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, WAS NOT DUE TO LACK OF APPROPRIATION, THE EMPLOYEE WOULD BE ENTITLED TO NO GREATER BENEFITS UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, THAN HE WOULD HAVE BEEN ENTITLED TO HAD HIS SALARY BEEN ADMINISTRATIVELY ADJUSTED UNDER THE WELCH ACT, AND WHERE SUCH AN EMPLOYEE WOULD HAVE BEEN ENTITLED TO TWO STEPS UNDER THE WELCH ACT, BUT HAS SINCE BEEN TRANSFERRED TO A CLASSIFIED POSITION IN THE DEPARTMENTAL SERVICE HE IS NOT ENTITLED TO ANY INCREASE UNDER THE BROOKHART SALARY ACT. 10 COMP. GEN. 49, AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, AUGUST 11, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 31, 1930, AS FOLLOWS:

THE VETERANS' ADMINISTRATION HAS RECEIVED A COPY OF YOUR DECISION OF JULY 16, 1930, RELATIVE TO THE ACT OF JULY 3, 1930, FURTHER AMENDING THE CLASSIFICATION ACT OF 1923. THERE ARE A NUMBER OF CASES WHICH HAVE ARISEN IN THE VETERANS' BUREAU WHICH YOUR DECISION DOES NOT APPEAR TO COVER; IT IS THEREFORE REQUESTED THAT YOU ADVISE ME AT YOUR EARLIEST CONVENIENCE WITH REFERENCE TO THE FOLLOWING:

1. AN EMPLOYEE IN THE FIELD WAS RECEIVING ON JUNE 30, 1928, A SALARY OF $4,600, WHICH WAS $200 IN EXCESS OF THE MAXIMUM OF THE RANGE FOR HIS POSITION ($3,800-$4,400). NO INCREASE WAS RECEIVED AS OF JULY 1, 1928. EFFECTIVE DECEMBER 1, 1929, THE DIRECTOR ALLOCATED HIS POSITION TO THE GRADE P AND S 4 AND 5, WITH A SALARY RANGE OF $3,800 TO $5,200, THE EMPLOYEE STILL RECEIVING A SALARY OF $4,600. ON MAY 1, 1930, THE EMPLOYEE WAS TRANSFERRED TO CENTRAL OFFICE AT WASHINGTON, AT $4,600, AND ASSIGNED TO A POSITION ALLOCATED TO GRADE P AND S 5, WITH A SALARY RANGE OF $4,600 TO $5,200.

(A) WERE THE EMPLOYEE STILL IN THE FIELD, OCCUPYING THE SAME POSITION AS BEFORE TRANSFER, IN THE GRADE P AND S 4 AND 5, WOULD HE BE ENTITLED TO AN INCREASE OF TWO STEPS, I.E., FROM $4,600 TO $5,000?

(B) IS THE EMPLOYEE, NOW IN CENTRAL OFFICE IN GRADE P AND S 5, ENTITLED TO AN INCREASE OF TWO STEPS, I.E., FROM $4,600 TO $5,000?

(C) IN A CASE SIMILAR TO THE ABOVE, HAD THE EMPLOYEE BEEN RECEIVING, ON JUNE 30, 1928, A SALARY OF $4,400, AND HIS POSITION LATER ALLOCATED TO GRADE P AND S 4 AND 5, WOULD HE BE ENTITLED TO AN INCREASE OF TWO STEPS WITHIN THE SALARY RANGE OF GRADE P AND S 4 AND 5, I.E., FROM $4,400 TO $4,800?

2. IN ANY CASE WHERE AN EMPLOYEE WAS RECEIVING THE MAXIMUM, OR IN EXCESS OF THE MAXIMUM OF THE SALARY RANGE FOR HIS POSITION ON JUNE 30, 1928, AND DID NOT RECEIVE AN INCREASE UNDER THE WELCH ACT, AND IS NOW IN A DIFFERENT GRADE, IS HE ENTITLED TO AN INCREASE OF TWO STEPS WITHIN HIS PRESENT GRADE (OR ONE STEP SHOULD THAT BRING THE SALARY TO THE MAXIMUM/?

YOUR SUBMISSION FAILS TO STATE TO WHICH GRADE THIS EMPLOYEE'S POSITION WAS CONSIDERED ALLOCATED PRIOR TO JUNE 30, 1928, BEYOND THE FACT THAT HE WAS RECEIVING $4,600, WHICH, YOU STATE, WAS $200 IN EXCESS OF THE SALARY RANGE OF HIS POSITION, WHICH YOU INDICATE AS RUNNING FROM $3,800 TO $4,400. ON JUNE 30, 1928, THERE WAS NO SALARY RANGE IN THE P. AND S. SERVICE LIMITED AND RUNNING FROM $3,800 TO $4,400. THE P. AND S. GRADE EMBRACING THAT RANGE ON JUNE 30, 1928, WAS P. AND S. 4, IN WHICH THE SALARIES RAN FROM $3,800 TO $5,000. THE NEW P. AND S. GRADE 4 PLACED IN THE CLASSIFICATION ACT BY THE WELCH ACT WAS LIMITED IN SALARY RATES FROM $3,800 TO $4,400, BUT DID NOT BECOME EFFECTIVE IN A PARTICULAR CASE UNTIL SUCH TIME AFTER JULY 1, 1928, AS THE POSITION SHOULD BE ALLOCATED THEREIN. FURTHERMORE, THERE IS NO GRADE ESTABLISHED BY LAW KNOWN AS "P. AND S. 4 AND 5.' SUCH AN INDEFINITE SITUATION WAS RECOGNIZED IN MY DECISION OF AUGUST 1, 1930, A-32808, 10 COMP. GEN. 49, IN WHICH THERE WAS STATED:

IT IS RECOGNIZED THAT THE SALARY RANGES OF THE GRADES ADMINISTRATIVELY FIXED IN CERTAIN OF THE FIELD SERVICES DO NOT IN EVERY INSTANCE CORRESPOND EXACTLY WITH THE SALARY RANGES FIXED BY THE CLASSIFICATION ACT, AND, CONSEQUENTLY, THAT ON JUNE 30, 1928, EMPLOYEES MAY NOT, STRICTLY SPEAKING, HAVE BEEN IN A GRADE "AFFECTED HEREBY" AS THOSE WORDS WOULD BE APPLIED IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. BUT AS THE CONGRESS CLEARLY INTENDED ADJUSTMENTS IN THE FIELD SERVICES INVOLVED, NOTWITHSTANDING THIS CONDITION, IT IS PROPER TO MAKE THE ADJUSTMENTS IN THE FIELD SERVICES INVOLVED WHERE THE GRADE AND/OR SALARY RATE HELD JUNE 30, 1928, CORRESPONDED WITH, OR WAS WITHIN A GRADE AND/OR SALARY RANGE PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT, AND THE GRADE AND/OR SALARY RATE HELD JULY 3, 1930, CORRESPONDED WITH, OR WAS WITHIN A GRADE AND/OR SALARY RANGE PRESCRIBED BY THE BROOKHART SALARY ACT.

IF UNDER ADMINISTRATIVE REGULATIONS, A POSITION WAS ALLOCATED OR PLACED BY ADMINISTRATIVE ACTION IN A FIELD GRADE AND/OR SALARY RANGE CORRESPONDING TO A PARTICULAR GRADE AS PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT AS OF JUNE 30, 1928, OR BY THE BROOKHART SALARY ACT AS OF JULY 3, 1930, THAT ALLOCATION OR PLACEMENT MUST BE CONTROLLING. * * *

THE SALARY OF $4,600 WHICH THE EMPLOYEE IN QUESTION WAS RECEIVING JUNE 30, 1928, IS FOUND IN THE P. AND S. GRADE 4 AS ESTABLISHED BY THE ORIGINAL CLASSIFICATION ACT OF 1923. THE DUTIES OF THIS GRADE WERE REDESCRIBED IN THE WELCH ACT IN P. AND S. GRADE 5, AND IN THE COMPARATIVE SCHEDULE OF SALARY RATES LISTED IN DECISION OF THIS OFFICE, 7 COMP. GEN.760, THE SALARY RATE OF $4,600 IN THE OLD P. AND S. GRADE 4 ENTITLED THE EMPLOYEE TO AN AUTOMATIC INCREASE UNDER THE WELCH ACT TO P. AND S. GRADE 5, $5,000, WHICH WOULD HAVE BEEN THE EQUIVALENT OF TWO STEPS OR SALARY RATES. SEE DECISION OF MAY 2, 1929, TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, A-24418.

IT WAS FURTHER STATED IN DECISION OF AUGUST 1, 1930, A-32808:

* * * I HAVE TO ADVISE THAT ALL EMPLOYEES IN A FIELD SERVICE WHEREIN COMPENSATION RATES WERE ADJUSTED OR AUTHORIZED TO BE ADJUSTED UNDER THE TERMS OF THE ACT OF DECEMBER 6, 1924, WHO, SOLELY BECAUSE OF ADMINISTRATIVE ACTION, DID NOT RECEIVE EFFECTIVE JULY 1, 1928, UNDER THE TERMS OF THE WELCH ACT, THE EQUIVALENT OF AS MUCH AS TWO STEPS OR SALARY RATES IN THEIR RESPECTIVE GRADES AS THEY EXISTED JUNE 30, 1928, ARE ENTITLED TO SUCH ADDITIONAL STEP OR STEPS OR SALARY RATE OR RATES AS THEY EXISTED ON JULY 3, 1930, AS MAY BE NECESSARY--- TOGETHER WITH THE AMOUNT OF THE INCREASE RECEIVED JULY 1, 1928, UNDER THE TERMS OF THE WELCH ACT--- TO EQUAL THE AMOUNT OF THE TWO STEPS OR SALARY RATES IN THE GRADE AS THEY EXISTED JUNE 30, 1928. SEE 8 COMP. GEN. 229; ID. 260.

THE FOREGOING QUOTATION WAS BASED UPON THE ASSUMPTION THAT ADMINISTRATIVE OFFICES GENERALLY HAD ADJUSTED THE COMPENSATION OF ALL FIELD EMPLOYEES UNDER THE WELCH ACT IN SO FAR AS IT COULD BE DONE WITHOUT CREATING A DEFICIENCY. AS THERE WERE AMPLE FUNDS IN THE APPROPRIATION "SALARIES AND EXPENSES, UNITED STATES VETERANS' BUREAU, 1929," TO HAVE MADE THE ADJUSTMENT IN THE PRESENT CASE, THE FAILURE TO ADJUST THE SALARY OF THIS EMPLOYEE WAS NOT DUE TO LACK OF APPROPRIATIONS. UNDER SUCH CIRCUMSTANCES, THE EMPLOYEE WOULD BE ENTITLED TO THE SAME BUT NO GREATER BENEFITS UNDER THE BROOKHART SALARY ACT THAN HE WOULD BE ENTITLED TO HAD HIS SALARY BEEN ADJUSTED ADMINISTRATIVELY UNDER THE WELCH ACT, A-32760, AUGUST 8, 1930, 10 COMP. GEN. 63. AS THIS EMPLOYEE WAS ENTITLED TO TWO STEPS UNDER THE WELCH ACT IN THE FIELD POSITION HELD BY HIM JULY 1, 1928, HE IS NOT ENTITLED TO ANY BENEFITS UNDER THE BROOKHART SALARY ACT IN HIS PRESENT POSITION IN P. AND S. 5 IN THE DEPARTMENTAL SERVICE. SEE 9 COMP. GEN. 80, WITH RESPECT TO THE COMPENSATION WHICH MAY BE PAID UPON TRANSFERS FROM THE FIELD TO THE DEPARTMENTAL SERVICE OF THE SAME DEPARTMENT OR ESTABLISHMENT.

THE SPECIFIC QUESTION PRESENTED IS ANSWERED ACCORDINGLY, BUT THE HYPOTHETICAL QUESTIONS THIS OFFICE HAS FOUND IT NECESSARY NOT TO UNDERTAKE TO ANSWER.