A-12379, JANUARY 26, 1926, 5 COMP. GEN. 537

A-12379: Jan 26, 1926

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CLASSIFICATION OF CIVILIAN EMPLOYEES - PART-TIME POSITIONS THERE IS NO AUTHORITY UNDER SECTION 3 OF THE CLASSIFICATION ACT OF MARCH 4. 1926: I HAVE YOUR LETTER OF DECEMBER 16. AS THE NEED FOR EXTRA EMPLOYEES IS ONLY OCCASIONAL. IT IS THEREFORE PROPOSED THAT THE CLASSIFICATION BOARD BE REQUESTED TO ALLOCATE A PART-TIME POSITION. YOUR DECISION IS REQUESTED WHETHER. A "PART-TIME" POSITION WITHIN THE MEANING OF THE CLASSIFICATION ACT IS ONE THE DUTIES OF WHICH REQUIRE ONLY A PORTION OF AN EMPLOYEE'S TIME BASED ON THE REGULAR WORKING HOURS FOR THE GOVERNMENT SERVICE. THE BASIS FOR THE COMPENSATION THEREOF IS SET FORTH IN DECISION OF OCTOBER 30. IT IS UNDERSTOOD THAT THE POSITIONS OF MULTIGRAPH AND MIMEOGRAPH OPERATORS UNDER THE DEPARTMENT OF AGRICULTURE ARE REGULARLY ESTABLISHED AND ALLOCATED IN ACCORDANCE WITH THE CLASSIFICATION ACT.

A-12379, JANUARY 26, 1926, 5 COMP. GEN. 537

CLASSIFICATION OF CIVILIAN EMPLOYEES - PART-TIME POSITIONS THERE IS NO AUTHORITY UNDER SECTION 3 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1489, FOR THE CREATION AND ALLOCATION OF A PART TIME POSITION BASED SOLELY ON OVERTIME WORK OF A REGULARLY CREATED AND ALLOCATED POSITION SO AS TO PERMIT THE EMPLOYMENT OF THE SERVICES OF AN EMPLOYEE FROM ANOTHER DEPARTMENT AFTER REGULAR WORKING HOURS AT A PER ANNUM RATE OF COMPENSATION FIXED FOR THE ALLOCATED POSITION ON THE BASIS OF THE HOURS OF LABOR REQUIRED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, JANUARY 26, 1926:

I HAVE YOUR LETTER OF DECEMBER 16, 1925, AS FOLLOWS:

FROM TIME TO TIME, IN ORDER TO KEEP THE WORK CURRENT, THE ADDRESSING, DUPLICATING, AND MAILING DIVISION OF THE DEPARTMENT FINDS IT NECESSARY TO EMPLOY A NIGHT FORCE OF MULTIGRAPH AND MIMEOGRAPH OPERATORS. THE SITUATION COULD BE HANDLED BY THE EMPLOYMENT OF ADDITIONAL REGULAR OPERATORS, BUT AS THE NEED FOR EXTRA EMPLOYEES IS ONLY OCCASIONAL, THIS WOULD NOT BE THE ECONOMICAL THING TO DO. THE DIVISION HAS EMPLOYED PERSONS OUTSIDE OF THE GOVERNMENT SERVICE BUT HAS BEEN UNABLE, BECAUSE OF THE RATE OF PAY, TO SECURE EXPERIENCED OPERATORS.

IT IS THEREFORE PROPOSED THAT THE CLASSIFICATION BOARD BE REQUESTED TO ALLOCATE A PART-TIME POSITION, UNDER SECTION 3 OF THE CLASSIFICATION ACT OF 1923, ON THE BASIS OF SEVENTY-FIVE CENTS PER HOUR, THREE HOURS PER NIGHT AND FOUR NIGHTS PER WEEK. UNDER SUCH AN ALLOCATION, IT WOULD BE IMPOSSIBLE FOR ANY PERSON OCCUPYING SUCH A POSITION TO EARN MORE THAN $468.00 PER ANNUM.

YOUR DECISION IS REQUESTED WHETHER, FOLLOWING THE DECISION IN 4 COMP. GEN. 1020, AN EMPLOYEE OF ANOTHER DEPARTMENT, RECEIVING COMPENSATION AT THE RATE OF $1,500.00 PER ANNUM, OR LESS, COULD BE APPOINTED TO SUCH A PART-TIME POSITION IN THIS DEPARTMENT.

SECTION 3 OF THE CLASSIFICATION ACT, MARCH 4, 1923, 42 STAT. 1489, PROVIDES: "THE BOARD SHALL MAKE NECESSARY ADJUSTMENTS IN COMPENSATION FOR POSITIONS CARRYING MAINTENANCE AND FOR POSITIONS REQUIRING ONLY PART-TIME SERVICE.'

THIS PROVISION OF LAW DOES NOT AUTHORIZE THE ESTABLISHMENT OF PART TIME POSITIONS SOLELY ON THE BASIS OF OVERTIME WORK. A "PART-TIME" POSITION WITHIN THE MEANING OF THE CLASSIFICATION ACT IS ONE THE DUTIES OF WHICH REQUIRE ONLY A PORTION OF AN EMPLOYEE'S TIME BASED ON THE REGULAR WORKING HOURS FOR THE GOVERNMENT SERVICE. THE BASIS FOR THE COMPENSATION THEREOF IS SET FORTH IN DECISION OF OCTOBER 30, 1925, 5 COMP. GEN. 302, 305. THE TERM MAY NOT BE APPLIED TO OVERTIME WORK OF A REGULARLY CREATED AND ALLOCATED POSITION UNDER THE CLASSIFICATION ACT THE DUTIES OF WHICH REQUIRE MORE THAN THE SERVICE OF ONE EMPLOYEE DURING REGULAR WORKING HOURS.

IT IS UNDERSTOOD THAT THE POSITIONS OF MULTIGRAPH AND MIMEOGRAPH OPERATORS UNDER THE DEPARTMENT OF AGRICULTURE ARE REGULARLY ESTABLISHED AND ALLOCATED IN ACCORDANCE WITH THE CLASSIFICATION ACT. AN ANNUAL RATE PRESCRIBED FOR THE GRADE TO WHICH SUCH POSITIONS ARE ALLOCATED WOULD BETHE ONLY BASIS FOR APPLYING THE PROVISIONS OF THE ACT OF MAY 10, 1916, 39 STAT. 120, AS AMENDED BY THE ACT OF AUGUST 29, 1916, 39 STAT. 582, PROHIBITING THE PAYMENT OF MORE THAN ONE SALARY TO A CIVILIAN EMPLOYEE OF THE GOVERNMENT WHEN THE COMBINED AMOUNT OF SAID SALARIES EXCEEDS THE SUM OF $2,000 PER ANNUM. SEE 24 COMP. DEC. 396.

IF THE NEEDS OF THE SERVICE ARE NOT SUCH AS TO REQUIRE THE FULL TIME OF AN ADDITIONAL OPERATOR, THE SITUATION WOULD SUGGEST A NECESSITY FOR REQUIRING OVERTIME WORK OF THE PRESENT FORCE OF OPERATORS WITHOUT ADDITIONAL COMPENSATION.