A-11278, DECEMBER 4, 1925, 5 COMP. GEN. 406

A-11278: Dec 4, 1925

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CLASSIFICATION OF CIVILIAN EMPLOYEES - CORRECTION IN REPORT OF PERSONNEL CLASSIFICATION BOARD WHERE THE REPORT OF THE PERSONNEL CLASSIFICATION BOARD TO THE ADMINISTRATIVE OFFICE GIVING THE GRADE TO WHICH THE POSITION OF AN EMPLOYEE HAD BEEN ALLOCATED WAS EITHER ERRONEOUS OR MISUNDERSTOOD BY THE ADMINISTRATIVE OFFICE AND RESULTED IN PAYMENT TO THE EMPLOYEE OF COMPENSATION AT A RATE IN A LOWER GRADE THAN THAT TO WHICH THE EMPLOYEE'S POSITION HAD ACTUALLY BEEN ALLOCATED. THE EMPLOYEE IS ENTITLED. TO THE DIFFERENCE IN PAY BETWEEN THE AMOUNT ACTUALLY RECEIVED AND THE PROPER SALARY RATE IN THE GRADE TO WHICH THE POSITION WAS ACTUALLY ALLOCATED AS SHOWN BY A CORRECTED REPORT OF THE PERSONNEL CLASSIFICATION BOARD.

A-11278, DECEMBER 4, 1925, 5 COMP. GEN. 406

CLASSIFICATION OF CIVILIAN EMPLOYEES - CORRECTION IN REPORT OF PERSONNEL CLASSIFICATION BOARD WHERE THE REPORT OF THE PERSONNEL CLASSIFICATION BOARD TO THE ADMINISTRATIVE OFFICE GIVING THE GRADE TO WHICH THE POSITION OF AN EMPLOYEE HAD BEEN ALLOCATED WAS EITHER ERRONEOUS OR MISUNDERSTOOD BY THE ADMINISTRATIVE OFFICE AND RESULTED IN PAYMENT TO THE EMPLOYEE OF COMPENSATION AT A RATE IN A LOWER GRADE THAN THAT TO WHICH THE EMPLOYEE'S POSITION HAD ACTUALLY BEEN ALLOCATED, THE EMPLOYEE IS ENTITLED, FOR THE ENTIRE PERIOD INVOLVED, TO THE DIFFERENCE IN PAY BETWEEN THE AMOUNT ACTUALLY RECEIVED AND THE PROPER SALARY RATE IN THE GRADE TO WHICH THE POSITION WAS ACTUALLY ALLOCATED AS SHOWN BY A CORRECTED REPORT OF THE PERSONNEL CLASSIFICATION BOARD.

DECISION BY COMPTROLLER GENERAL MCCARL, DECEMBER 4, 1925:

MRS. NORA N. GILLESPIE, AN EMPLOYEE IN THE PROHIBITION UNIT, TREASURY DEPARTMENT, HAS REQUESTED REVIEW OF THE DISALLOWANCE OF HER CLAIM FOR DIFFERENCE IN PAY BETWEEN $2,300 PER ANNUM, A SALARY RATE IN P. AND S. 1, AND $2,400 PER ANNUM, THE MINIMUM SALARY RATE IN P. AND S. 2, FOR THE PERIOD JULY 1, 1924, TO JUNE 30, 1925.

THE REPORT OF THE CHAIRMAN, PERSONNEL CLASSIFICATION BOARD, DATED NOVEMBER 7, 1925, IS AS FOLLOWS:

THE FACTS IN MRS. GILLESPIE'S CASE AS SHOWN BY THE RECORDS OF THIS BOARD ARE AS FOLLOWS:

(1) MRS. GILLESPIE WAS CERTIFIED TO THIS BOARD IN MAY, 1923, AS A LAW EXAMINER, AND THE BOARD AT THAT TIME ALLOCATED HER POSITION TO GRADE 7 OF THE SUBPROFESSIONAL SERVICE. THE TREASURY DEPARTMENT WAS NOTIFIED OF THIS ACTION APRIL 12, 1924.

(2) IN MARCH, 1924, MRS. GILLESPIE WAS MADE AN ASSISTANT ATTORNEY AND HER POSITION WAS ALLOCATED TO GRADE 2 OF THE PROFESSIONAL AND SCIENTIFIC SERVICE, AND WE NOTIFIED THE TREASURY DEPARTMENT OF THIS ACTION ON JUNE 19, 1924. ACCORDING TO THE RECORDS OF THIS BOARD, MRS. GILLESPIEHAS HELD THIS POSITION CONTINUOUSLY SINCE THAT TIME, AND THERE HAS BEEN NO CHANGE IN THE ALLOCATION OF THIS POSITION.

(3) DURING THE REVIEW WHICH THIS BOARD WAS MAKING OF ALL ALLOCATIONS WHICH IT HAD MADE UPON THE ORIGINAL SHEETS SUBMITTED, WE DISCOVERED THAT THE POSITION WHICH MRS. GILLESPIE ORIGINALLY OCCUPIED AS A LAW EXAMINER HAD BEEN ERRONEOUSLY ALLOCATED TO S.P.-7, AND SHOULD HAVE BEEN ALLOCATED INSTEAD TO GRADE 1 OF THE PROFESSIONAL AND SCIENTIFIC SERVICE. THIS WAS MERELY AN ADJUSTMENT OF A PREVIOUS ERRONEOUS ALLOCATION AND HAD NO BEARING UPON THE POSITION MRS. GILLESPIE OCCUPIED AT THE TIME. WE NOTIFIED THE TREASURY DEPARTMENT OF OUR ACTION IN THIS CASE ON JUNE 30, 1924.

(4) THE TREASURY DEPARTMENT WAS UNDER THE IMPRESSION THAT THE LATEST ALLOCATION FOR MRS. GILLESPIE'S POSITION WAS P-1 AND ACCORDINGLY PAID HER AT $2,300 UNTIL THE ERROR WAS CALLED TO THE ATTENTION OF THIS BOARD IN JULY, 1925, WHEN THE GRADE OF THE POSITION WHICH SHE WAS HOLDING ON JULY 1, 1924, WAS CONFIRMED AS PROFESSIONAL GRADE 2.

FROM THE FOREGOING YOU WILL NOTE THAT SINCE JULY 1, 1924, WHEN THE PROVISIONS OF THE CLASSIFICATION ACT WENT INTO EFFECT, MRS. GILLESPIE HAS HELD CONTINUOUSLY A POSITION IN GRADE 2 OF THE PROFESSIONAL AND SCIENTIFIC SERVICE.

THE COMMISSIONER OF INTERNAL REVENUE HAS REPORTED THAT CLAIMANT HAS BEEN PAID AT THE RATE OF $2,300 PER ANNUM AS IN P. AND S. 1 FOR THE PERIOD JULY 1, 1924, TO JULY 31, 1925, AND AT THE RATE OF $2,400, THE MINIMUM SALARY RATE IN GRADE P. AND S. 2, FROM AUGUST 1, 1925.

ACCORDINGLY, THERE IS DUE CLAIMANT THE DIFFERENCE BETWEEN $2,300 PER ANNUM, THE RATE IN P. AND S. 1 ACTUALLY RECEIVED, AND $2,400 PER ANNUM, THE MINIMUM SALARY RATE IN P. AND S. 2, FOR THE PERIOD JULY 1, 1924, TO JULY 31, 1925, OR 13 MONTHS, A TOTAL OF $108.33, LESS $2.71 RETIREMENT DEDUCTION.

UPON REVIEW THE SETTLEMENT IS REVERSED AND THE AMOUNT OF $105.62 IS CERTIFIED DUE CLAIMANT.