A-15403, AUGUST 26, 1926, 6 COMP. GEN. 160

A-15403: Aug 26, 1926

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WHICH POSITION WAS CREATED DURING THE CURRENT FISCAL YEAR AND ALLOCATED AS THE ONLY POSITION UNDER THE BOARD IN GRADE CAF-13. IS $6. 500 PER ANNUM UNLESS THE CASE IS "UNUSUALLY MERITORIOUS" IN WHICH EVENT THE MAXIMUM WOULD BE $7. WHICH IS THE "NEXT HIGHER RATE" OF COMPENSATION ABOVE THE "AVERAGE OF THE COMPENSATION RATES OF THE GRADE" WITHIN THE MEANING OF THE AVERAGE PROVISION. THE INCUMBENT IN THIS POSITION IS THE ONLY EMPLOYEE OF THE BOARD IN THAT GRADE. THE BOARD OF MEDIATION WAS CREATED AND ESTABLISHED BY SECTION 4 OF THE ACT OF MAY 20. ARE HEREBY CONSOLIDATED INTO ONE FUND AND TRANSFERRED TO AND MADE IMMEDIATELY AVAILABLE FOR THE BOARD OF MEDIATION. THE APPROPRIATIONS FOR THE RAILROAD LABOR BOARD WERE MADE IN THE ACT OF APRIL 22.

A-15403, AUGUST 26, 1926, 6 COMP. GEN. 160

CLASSIFICATION OF CIVILIAN EMPLOYEES - ONE POSITION IN A GRADE - BOARD OF MEDIATION THE MAXIMUM SALARY RATE AUTHORIZED WITHIN THE FISCAL YEAR 1927 FOR THE POSITION OF SECRETARY OF THE UNITED STATES BOARD OF MEDIATION, WHICH POSITION WAS CREATED DURING THE CURRENT FISCAL YEAR AND ALLOCATED AS THE ONLY POSITION UNDER THE BOARD IN GRADE CAF-13, IS $6,500 PER ANNUM UNLESS THE CASE IS "UNUSUALLY MERITORIOUS" IN WHICH EVENT THE MAXIMUM WOULD BE $7,000 PER ANNUM, WHICH IS THE "NEXT HIGHER RATE" OF COMPENSATION ABOVE THE "AVERAGE OF THE COMPENSATION RATES OF THE GRADE" WITHIN THE MEANING OF THE AVERAGE PROVISION.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE UNITED STATES BOARD OF MEDIATION, AUGUST 26, 1926:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 14, 1926, AS FOLLOWS:

A QUESTION HAS BEEN RAISED AS TO THE MAXIMUM SALARY WHICH THE BOARD OF MEDIATION CAN PAY ITS SECRETARY THIS YEAR.

THE PERSONNEL CLASSIFICATION BOARD HAS APPROVED, IN THE USUAL MANNER, THE GRADING OF THE SECRETARYSHIP, CAF-13-1, WITH A RANGE FROM $6,000 TO $7,500 PER ANNUM. THE INCUMBENT IN THIS POSITION IS THE ONLY EMPLOYEE OF THE BOARD IN THAT GRADE.

THE BOARD WOULD GREATLY APPRECIATE YOUR ADVICE AT YOUR EARLIEST CONVENIENCE.

THE BOARD OF MEDIATION WAS CREATED AND ESTABLISHED BY SECTION 4 OF THE ACT OF MAY 20, 1926, 44 STAT. 579. THE "THIRD" PARAGRAPH OF THE SECTION PROVIDES IN PART AS FOLLOWS:

THIRD, THE BOARD MAY * * * (2) IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923 FIX THE SALARY OF SUCH EXPERTS, ASSISTANTS, OFFICERS, AND EMPLOYEES, * * *.

THE DEFICIENCY ACT OF JULY 3, 1926, 44 STAT. 844, PROVIDES AS FOLLOWS:

THE APPROPRIATIONS HERETOFORE MADE FOR THE RAILROAD LABOR BOARD FOR THE FISCAL YEAR 1927, AGGREGATING $285,220, ARE HEREBY CONSOLIDATED INTO ONE FUND AND TRANSFERRED TO AND MADE IMMEDIATELY AVAILABLE FOR THE BOARD OF MEDIATION, BOARDS OF ARBITRATION, AND THE EMERGENCY BOARD, CREATED BY THE RAILWAY LABOR ACT, APPROVED MAY 20, 1926, FOR SALARIES AND ALL OTHER EXPENSES AUTHORIZED BY SUCH RAILWAY LABOR ACT AND THE GENERAL OBJECTS OF EXPENDITURE COVERED BY THE APPROPRIATIONS HEREBY MADE AVAILABLE.

THE APPROPRIATIONS FOR THE RAILROAD LABOR BOARD WERE MADE IN THE ACT OF APRIL 22, 1926, 44 STAT. 315, AND SUBJECT TO WHAT IS GENERALLY TERMED THE "AVERAGE PROVISION" APPEARING IN THE SAME STATUTE AS SECTION 2, WHICH, IN SO FAR AS HERE MATERIAL, IS AS FOLLOWS:

IN EXPENDING APPROPRIATIONS OR PORTIONS OF APPROPRIATIONS, CONTAINED IN THIS ACT, FOR THE PAYMENT FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923, THE AVERAGE OF THE SALARIES OF THE TOTAL NUMBER OF PERSONS UNDER ANY GRADE IN ANY BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT SHALL NOT AT ANY TIME EXCEED THE AVERAGE OF THE COMPENSATION RATES SPECIFIED FOR THE GRADE BY SUCH ACT, AND IN GRADES IN WHICH ONLY ONE POSITION IS ALLOCATED THE SALARY OF SUCH POSITION SHALL NOT EXCEED THE AVERAGE OF THE COMPENSATION RATES FOR THE GRADE EXCEPT THAT IN UNUSUALLY MERITORIOUS CASES OF ONE POSITION IN A GRADE ADVANCES MAY BE MADE TO RATES HIGHER THAN THE AVERAGE OF THE COMPENSATION RATES OF THE GRADE, BUT NOT MORE OFTEN THAN ONCE IN ANY FISCAL YEAR AND THEN ONLY TO THE NEXT HIGHER RATE: * * *.

THE COMPENSATION RATES IN GRADE CAF-13 ARE $6,000, $6,500, $7,000, AND $7,500 PER ANNUM AND THE ORIGINAL APPOINTMENT THERETO IS REQUIRED TO BE AT THE MINIMUM RATE. THE "AVERAGE OF THE COMPENSATION RATES" FOR THE GRADE IS $6,750. (SEE DECISION OF JUNE 26, 1924, 4 COMP. GEN. 1001, 1003.) $6,750 PER ANNUM DOES NOT COINCIDE WITH ONE OF THE SALARY RATES OF THE GRADE, $6,500 PER ANNUM, THE NEXT LOWER SALARY RATE, WOULD BE THE MAXIMUM AUTHORIZED FOR ONE POSITION IN THE GRADE UNLESS THE CASE IS, AND IS SHOWN TO BE,"UNUSUALLY MERITORIOUS.'

THE RATE OF $7,000 PER ANNUM IS "THE NEXT HIGHER RATE" ABOVE THE "AVERAGE OF THE COMPENSATION RATES.' THE POSITION OF SECRETARY OF THE BOARD HAVING BEEN CREATED AND ALLOCATED DURING THE CURRENT FISCAL YEAR, $7,000 PER ANNUM WOULD BE THE MAXIMUM RATE AUTHORIZED FOR THE POSITION DURING SAID FISCAL YEAR, AND SUCH RATE IS NOT AUTHORIZED UNLESS THE CASE IS "UNUSUALLY ITORIOUS," IN WHICH EVENT EVIDENCE TO THAT EFFECT SHOULD BE SUBMITTED TO THIS OFFICE WITH THE ACCOUNTS OF THE DISBURSING OFFICER IN WHICH PAYMENT AT THE RATE OF $7,000 FIRST APPEARS.