A-10492, SEPTEMBER 16, 1925, 5 COMP. GEN. 202

A-10492: Sep 16, 1925

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SHOULD NOT BE FILLED BY APPOINTMENT OR PROMOTION UNTIL AFTER THE NEW POSITIONS HAVE BEEN APPROVED AND ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD AND THE COMPENSATION OF THE NEWLY CREATED POSITIONS MAY NOT BE PAID TO THE EMPLOYEES APPOINTED OR PROMOTED THERETO PRIOR TO THE BEGINNING OF THE PAY PERIOD CURRENT WHEN THE NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE. CLAIMANT WAS EMPLOYED IN THE UNITED STATES VETERANS' BUREAU AS A FILE CLERK. THE UNITED STATES VETERANS' BUREAU HAS REPORTED THAT THE POSITION OF CLAIMS EXAMINER TO WHICH CLAIMANT WAS PROMOTED WAS A NEW POSITION IN ADDITION TO THOSE THERETOFORE IN EXISTENCE. CONSEQUENTLY THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD WAS NECESSARY TO APPROVE THE CREATION OF THE NEW POSITION AND TO DETERMINE THE PROPER GRADE TO WHICH SAME SHOULD BE ALLOCATED.

A-10492, SEPTEMBER 16, 1925, 5 COMP. GEN. 202

CLASSIFICATION OF CIVILIAN EMPLOYEES - EFFECTIVE DATE OF ORIGINAL ALLOCATION OF NEW POSITIONS NEWLY CREATED POSITIONS, ALTHOUGH SIMILAR TO AND BEARING THE SAME TITLE AS POSITIONS ALREADY IN EXISTENCE AND ALLOCATED, SHOULD NOT BE FILLED BY APPOINTMENT OR PROMOTION UNTIL AFTER THE NEW POSITIONS HAVE BEEN APPROVED AND ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD AND THE COMPENSATION OF THE NEWLY CREATED POSITIONS MAY NOT BE PAID TO THE EMPLOYEES APPOINTED OR PROMOTED THERETO PRIOR TO THE BEGINNING OF THE PAY PERIOD CURRENT WHEN THE NOTICE OF THE ALLOCATION WAS RECEIVED IN THE ADMINISTRATIVE OFFICE.

DECISION BY COMPTROLLER GENERAL MCCARL, SEPTEMBER 16, 1925:

DANIEL D. WOLFE HAS REQUESTED REVIEW OF SETTLEMENT NO. 083876, DISALLOWING HIS CLAIM FOR $36.57, REPRESENTING DIFFERENCE IN PAY BETWEEN FILE CLERK, CAF-2, AT THE RATE OF $1,320 PER ANNUM, AND CLAIMS EXAMINER, CAF-5, AT THE RATE OF $1,860 PER ANNUM, FOR THE PERIOD NOVEMBER 6, 1924, TO DECEMBER 1, 1924.

THE RECORD DISCLOSES THAT PRIOR TO AND INCLUDING NOVEMBER 5, 1924, CLAIMANT WAS EMPLOYED IN THE UNITED STATES VETERANS' BUREAU AS A FILE CLERK, CAF-2, AT THE RATE OF $1,320 PER ANNUM. ON NOVEMBER 6, 1924, HE ASSUMED THE DUTIES AND TOOK THE OATH OF OFFICE OF CLAIMS EXAMINER, SIMILAR POSITIONS HAVING PREVIOUSLY BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD IN GRADE 5, CAF. THE UNITED STATES VETERANS' BUREAU HAS REPORTED THAT THE POSITION OF CLAIMS EXAMINER TO WHICH CLAIMANT WAS PROMOTED WAS A NEW POSITION IN ADDITION TO THOSE THERETOFORE IN EXISTENCE, AND NOT A VACANT EXISTING POSITION WHICH HAD PREVIOUSLY BEEN ALLOCATED. CONSEQUENTLY THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD WAS NECESSARY TO APPROVE THE CREATION OF THE NEW POSITION AND TO DETERMINE THE PROPER GRADE TO WHICH SAME SHOULD BE ALLOCATED. NOTICE OF THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD WAS RECEIVED IN THE VETERANS' BUREAU DECEMBER 4, 1924. CLAIMANT WAS, THEREFORE, ENTITLED TO COMPENSATION AT THE RATE OF $1,860 PER ANNUM, THE MINIMUM RATE FOR CAF-5, FROM DECEMBER 1, 1924, THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ORIGINAL ALLOCATION OF THE NEW POSITION WAS RECEIVED IN THE VETERANS' BUREAU. COMP. GEN. 280, 281, 395, 397, 721.

AS CLAIMANT HAS RECEIVED COMPENSATION AT THE RATE OF $1,860 PER ANNUM FROM DECEMBER 1, 1924, THE SETTLEMENT IS SUSTAINED.

THIS OFFICE HAS ON SEVERAL OCCASIONS STATED THAT NEWLY CREATED POSITIONS SHOULD NOT BE FILLED UNTIL THE PERSONNEL CLASSIFICATION BOARD HAS TAKEN FINAL ACTION APPROVING THE CREATION OF THE POSITION AND ALLOCATING SAME TO THE PROPER GRADE. 4 COMP. GEN. 239, 242, 743, 827, 828. THESE RULINGS ARE EQUALLY AS APPLICABLE TO NEW POSITIONS SIMILAR TO AND BEARING THE SAME TITLE AS POSITIONS ALREADY IN EXISTENCE AS THEY ARE TO NEW POSITIONS WHICH ARE DIFFERENT FROM ANY POSITION IN THE OFFICE WHERE SAME ARE CREATED. HAS COME TO THE ATTENTION OF THIS OFFICE THAT CERTAIN ADMINISTRATIVE OFFICES HAVE BEEN CREATING NEW POSITIONS SIMILAR TO THOSE ALREADY IN EXISTENCE, OR, IN OTHER WORDS, INCREASING THE NUMBER OR POSITIONS OF A GIVEN GRADE, AND FILLING THEM BY PROMOTION OR ORIGINAL APPOINTMENT PRIOR TO APPROVAL OF THE CREATION OF THE NEW POSITION AND ALLOCATION TO PROPER GRADE BY THE PERSONNEL CLASSIFICATION BOARD. SUCH ACTION IS NOT IN ACCORDANCE WITH THE CLASSIFICATION ACT, SECTION 3 THEREOF, 42 STAT. 1489, PROVIDING: "DEPARTMENT HEADS SHALL PROMPTLY REPORT THE DUTIES AND RESPONSIBILITIES OF NEW POSITIONS TO THE BOARD.' THE TERM "POSITION" IS DEFINED IN SECTION 2 OF THE ACT TO MEAN A "SPECIFIC CIVILIAN OFFICE OR EMPLOYMENT, WHETHER OCCUPIED OR VACANT.' CONSEQUENTLY THE TERM NEW POSITION MEANS ANY OFFICE OR EMPLOYMENT IN ADDITION TO THOSE ALREADY IN EXISTENCE. THEREFORE, APPOINTMENTS OR PROMOTIONS TO PROPOSED NEW POSITIONS ARE NOT AUTHORIZED UNTIL AFTER THE NEW POSITIONS HAVE BEEN APPROVED AND ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD.