A-4443, SEPTEMBER 12, 1924, 4 COMP. GEN. 294

A-4443, SEPTEMBER 12, 1924, 4 COMP. GEN. 294

CLASSIFICATION OF CIVILIAN EMPLOYEES - CHANGES IN GRADES IN WHICH THE PROPER AVERAGE HAS BEEN EXCEEDED THE RULE ANNOUNCED IN DECISION OF JULY 19, 1924, 4 COMP. GEN. 79, THAT ANY NEW ADJUSTMENT OF SALARIES IN A GRADE IN WHICH THE PROPER AVERAGE HAS FOR UNIVERSAL APPLICATION TO ALL TRANSFERS, REINSTATEMENTS, PROMOTIONS, AND REDUCTIONS EITHER BETWEEN OFFICES OR IN THE SAME OFFICE. AN EMPLOYEE OF THE TREASURY DEPARTMENT IN GRADE 6, CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE, RECEIVING $2,500 PER ANNUM MAY BE PLACED IN GRADE 7 OF THE SAME SERVICE, IN WHICH THE PROPER AVERAGE HAS ALREADY BEEN EXCEEDED, ONLY AT THE MINIMUM SALARY RATE OF THE GRADE, $2,400, NOTWITHSTANDING THE CHANGE IN GRADES ACTUALLY REDUCED THE AMOUNT OF COMPENSATION RECEIVED BY THE EMPLOYEE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 12, 1924:

I HAVE YOUR LETTER OF JULY 30, 1924, AS FOLLOWS:

THE REGISTER OF THE TREASURY HAS RECOMMENDED THE PROMOTION OF GUY H. SUTTON FROM ASSISTANT CHIEF OF DIVISION, AT $2,500 PER ANNUM, GRADE C.A.F. 6, TO CHIEF OF DIVISION, AT $2,800 PER ANNUM, GRADE C.A.F. 7, IN HIS OFFICE, VICE CHESTER E. KING, RESIGNED. BEFORE MR. KING RESIGNED THERE WERE FIVE EMPLOYEES IN GRADE C.A.F. 7, IN THE REGISTER'S OFFICE, EACH PAID AT THE RATE OF $2,800 PER ANNUM. YOUR DECISION IS REQUESTED AS TO WHETHER THIS TRANSFER AND PROMOTION WOULD VIOLATE THE PROVISIONS OF THE JUNE 30, 1925. YOU REFER TO THE TRANSFER PROVISION IN CONNECTION WITH THE AVERAGE ANY NEW ADJUSTMENT OF SALARIES BY TRANSFER, REINSTATEMENT, ETC., IN A GRADE IN WHICH THE AVERAGE HAS ALREADY BEEN EXCEEDED DUE TO THE EXCEPTIONS EXPRESSED IN THE AVERAGE PROVISIONS OF THE APPROPRIATION ACT MUST TEND TO SALARY OF THE GRADE. IS THIS DECISION MANDATORY, OR DOES IT MERELY SUGGEST A METHOD BY WHICH THE AVERAGE IN A GRADE MAY BE REDUCED, AND DOES IT APPLY TO TRANSFERS AND PROMOTIONS OR REDUCTIONS WITHIN AN APPROPRIATION UNIT? FISCAL SERVICE, IS $2,400, $2,500, $2,600, $2,700, $2,800, $2,900, AND $3,000, AND THE MATHEMATICAL AVERAGE IS $2,700. IF THERE WERE FIVE EMPLOYEES IN THIS GRADE EACH PAID AT THE RATE OF $2,800 PER ANNUM THE AVERAGE OF THE SALARIES OF THE TOTAL NUMBER OF PERSONS IN THE GRADE IN THE AVERAGE PROVISION OF THE APPROPRIATION ACT OF APRIL 4, 1924, 43 FISCAL YEAR 1925.

DECISION OF JULY 19, 1924, 4 COMP. GEN. 79, CITED BY YOU, HELD AS FOLLOWS:

* * * CONSIDERING THE TRANSFER PROVISION IN CONNECTION WITH THE AVERAGE PROVISION, THE RULE WILL BE THAT ANY NEW ADJUSTMENT OF SALARIES BY TRANSFER, REINSTATEMENTS, ETC., IN A GRADE IN WHICH THE AVERAGE HAS ALREADY BEEN EXCEEDED DUE TO THE EXCEPTIONS EXPRESSED IN THE AVERAGE PROVISION OF THE APPROPRIATION ACT, MUST TEND TO REDUCE THE EXCESS AVERAGE SO THAT EVENTUALLY THE AVERAGE WILL NOT BE EXCEEDED, AND THIS CAN BE ACCOMPLISHED MOST EXPEDITIOUSLY BY REQUIRING THE TRANSFERS, REINSTATEMENTS, ETC., TO BE AT THE MINIMUM RATE OF SALARY OF THE GRADE.

THIS STATEMENT OF THE RULE WAS FOLLOWED BY THE ANSWER TO THE SPECIFIC CASE PRESENTED, THAT OF A PROPOSED TRANSFER OF AN EMPLOYEE FROM GRADE 3 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE, RATE OF COMPENSATION $1,680 PER ANNUM, WAR DEPARTMENT, TO GRADE 5 OF THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE, RATE OF COMPENSATION $2,000, PUBLIC AND FISCAL SERVICE, VIZ, $1,860 PER ANNUM.

IN OTHER WORDS, THE STATED RULE WAS NOT INTENDED MERELY AS A SUGGESTED METHOD BY WHICH THE AVERAGE IN A GRADE MIGHT BE REDUCED, BUT AS THE UNIFORM RULE WHICH MUST BE APPLIED IN NEW ADJUSTMENTS IN A GRADE IN WHICH THE AVERAGE HAS ALREADY BEEN EXCEEDED.

THE SPECIFIC CASE CITED BY YOU TO WHICH THE RULE WAS FIRST APPLIED WAS THAT OF A TRANSFER FROM ONE OFFICE TO ANOTHER. IN DECISION OF JULY 29, 1924, 4 COMP. GEN. 126, ADDRESSED TO THE SECRETARY OF THE INTERIOR, THE RULE WAS APPLIED IN A GENERAL WAY TO PROMOTIONS AND TRANSFERS. DECISION OF AUGUST 4, 1924, 4 COMP. GEN. 150, THE RULE WAS APPLIED TO A TRANSFER FROM A HIGHER GRADE TO A LOWER GRADE IN THE SAME OFFICE AT WITHIN AN APPROPRIATION UNIT FROM A HIGHER GRADE TO A LOWER GRADE.

IN FURTHER EXPLANATION OF THE RULE IT MAY BE STATED THAT CONGRESS SOUGHT PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA SUBJECT TO THE CLASSIFICATION ACT TO ABSOLUTELY CONTROL THE EXPENDITURE OF THESE APPROPRIATIONS FOR PERSONAL SERVICES IN EVERY GRADE. THE EXCEPTIONS NOTED WERE ONLY FOR ALLOCATIONS OF POSITIONS HELD JUNE 30, 1924, IN ACCORDANCE PROMOTIONS FROM ONE GRADE TO ANOTHER AND YET RESULT IN LESSER COMPENSATION IS SHOWN BY THE FACT THAT THE MINIMUM COMPENSATION OF A GRADE AT TIMES OVERLAPS THE COMPENSATION OF THE NEXT LOWER GRADE, SO THAT HIGHER GRADE POSITIONS MAY BE PAID LESS THAN A LOWER GRADE POSITION. IT IS THE VIEW OF THIS OFFICE THAT SUBSEQUENT TO JULY 1, 1924, WHEN NOT A MATTER OF ALLOCATION, THE EXCESS IN THE AVERAGE IS FOR ELIMINATION AS NECESSARILY BE AT THE MINIMUM SALARY RATE OF THE GRADE.

IN THE CASE PRESENTED, WHILE THE "PROMOTION" IS MADE FROM GRADE 6 OVERLAPPING OF THE RANGE OF SALARIES IN THE TWO GRADES, NEVERTHELESS THE RULE IS FOR APPLICATION AND THE EMPLOYEE COULD BE PAID ONLY AT THE RATE OF $2,400 PER ANNUM, THE MINIMUM SALARY RATE IN GRADE 7.