A-17285, FEBRUARY 14, 1927, 6 COMP. GEN. 530

A-17285: Feb 14, 1927

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CLASSIFICATION OF CIVILIAN EMPLOYEES - EFFECTIVE DATE OF REALLOCATION AN INCREASE IN COMPENSATION RESULTING FROM A REALLOCATION OF A POSITION IS NOT A PROMOTION WITHIN THE MEANING OF CIVIL SERVICE RULE XI 2 (D). IS EFFECTIVE FROM THE BEGINNING OF THE MONTH IN WHICH NOTICE OF REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE EVEN THOUGH RECEIVED DURING SERVICE UNDER A PROBATIONAL APPOINTMENT. AS FOLLOWS: THE POSITION OF CLERK OF THE BOARD OF TAX APPEALS WAS REGULARLY FILLED BY CERTIFICATION FROM THE U.S. IN THE ORIGINAL ALLOCATION THIS POSITION WAS GIVEN GRADE CAF 10. THE ALLOCATION WAS CHANGED TO GRADE CAF 11. I HAVE THE HONOR TO REQUEST YOUR DECISION AS TO THE DATE OF COMMENCEMENT OF MR.

A-17285, FEBRUARY 14, 1927, 6 COMP. GEN. 530

CLASSIFICATION OF CIVILIAN EMPLOYEES - EFFECTIVE DATE OF REALLOCATION AN INCREASE IN COMPENSATION RESULTING FROM A REALLOCATION OF A POSITION IS NOT A PROMOTION WITHIN THE MEANING OF CIVIL SERVICE RULE XI 2 (D), PROHIBITING PROMOTIONS DURING PROBATIONAL APPOINTMENTS EXCEPT UPON PRIOR APPROVAL OF THE CIVIL SERVICE COMMISSION, AND IS EFFECTIVE FROM THE BEGINNING OF THE MONTH IN WHICH NOTICE OF REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE EVEN THOUGH RECEIVED DURING SERVICE UNDER A PROBATIONAL APPOINTMENT.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, UNITED STATES BOARD OF TAX APPEALS, FEBRUARY 14, 1927:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF FEBRUARY 2, 1927, AS FOLLOWS:

THE POSITION OF CLERK OF THE BOARD OF TAX APPEALS WAS REGULARLY FILLED BY CERTIFICATION FROM THE U.S. CIVIL SERVICE COMMISSION AND ALLOCATION BY THE PERSONNEL CLASSIFICATION BOARD.

THE PRESENT INCUMBENT, MR. BERTUS D. GAMBLE, EXECUTED THE OATH OF OFFICE AND ENTERED ON DUTY ON JULY 23, 1926. HIS PROBATIONAL APPOINTMENT EXPIRED JANUARY 22, 1927, AND HIS PERMANENT APPOINTMENT COMMENCED JANUARY 23, 1927.

IN THE ORIGINAL ALLOCATION THIS POSITION WAS GIVEN GRADE CAF 10.

THE BOARD REQUESTED A RECONSIDERATION AND BY ACTION SHEET NO. 7596, RECEIVED JANUARY 31, 1927, THE ALLOCATION WAS CHANGED TO GRADE CAF 11.

I HAVE THE HONOR TO REQUEST YOUR DECISION AS TO THE DATE OF COMMENCEMENT OF MR. GAMBLE'S COMPENSATION AT THE INCREASED RATE OF $3,800 PER ANNUM, THE MINIMUM SALARY OF GRADE CAF 11. SINCE HIS ENTRY ON DUTY LAST JULY, HE HAS BEEN PAID AT THE RATE OF $3,300 PER ANNUM, THE MINIMUM OF GRADE CAF 10.

IT IS ASSUMED THAT THE CHANGE IN ALLOCATION IN THIS CASE WAS NOT BASED ON ANY CHANGE IN DUTIES OF THE POSITION AND THIS DECISION IS PREDICATED UPON THAT ASSUMPTION.

IN DECISION OF SEPTEMBER 23, 1926, 6 COMP. GEN. 202, IT WAS HELD, QUOTING FROM THE SYLLABUS:

IN VIEW OF THE PROVISIONS OF GENERAL REGULATIONS NO. 54, DATED JULY 6, 1926, PRESCRIBING ONE PAY ROLL FOR EACH MONTH TO BE SUBMITTED TO THE GENERAL ACCOUNTING OFFICE, THE "PAY PERIOD" WITHIN THE MEANING OF DECISIONS DATED SEPTEMBER 8, 1924, 4 COMP. GEN. 280, AND FEBRUARY 26, 1925, 4 COMP. GEN. 721, IS THE ENTIRE MONTH. THE INCREASES AND DECREASES IN COMPENSATION RESULTING FROM THE ALLOCATION OR REALLOCATION OF A POSITION SHOULD BE MADE EFFECTIVE FROM THE FIRST OF THE MONTH IN WHICH NOTICE OF THE ALLOCATION OR REALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. THIS DECISION WILL BE EFFECTIVE FOR ALLOCATIONS OR REALLOCATIONS, NOTICE OF WHICH IS RECEIVED IN THE ADMINISTRATIVE OFFICE ON OR AFTER SEPTEMBER 1, 1926.

AN INCREASE IN COMPENSATION RESULTING FROM A REALLOCATION OF A POSITION IS NOT A PROMOTION OF THE EMPLOYEE WITHIN THE MEANING OF CIVIL SERVICE RULE XI 2 (D), WHICH READS:

(D) NO EMPLOYEE SHALL BE PROMOTED DURING PROBATION EXCEPT UPON APPROVAL OF THE COMMISSION PREVIOUSLY OBTAINED.

INCREASES IN COMPENSATION RESULTING FROM A REALLOCATION OF A POSITION IS BUT THE NECESSARY READJUSTMENT IN THE LEGAL RATE OF COMPENSATION OF THE EMPLOYEE FIXED FOR THE GRADE IN WHICH THE POSITION SHOULD BE ALLOCATED. HENCE, THERE IS NO CONFLICT BETWEEN THE RULE ESTABLISHED BY THIS OFFICE, ABOVE QUOTED, AND THE RULES ESTABLISHED BY THE CIVIL SERVICE COMMISSION GOVERNING THE EFFECTIVE DATE OF TERMINATION OF PROBATIONAL APPOINTMENTS AND THE BEGINNING OF PERMANENT APPOINTMENTS OR THE PROMOTION OF EMPLOYEES DURING PROBATIONAL APPOINTMENTS. EACH IS FOR APPLICATION INDEPENDENT OF THE OTHER. THE FORMER RELATES TO THE POSITION AND IS EFFECTIVE REGARDLESS OF THE NATURE OF THE APPOINTMENT UNDER WHICH THE INCUMBENT OF THE POSITION IS SERVING. THE LATTER RELATES TO THE EMPLOYEE AND IS EFFECTIVE IRRESPECTIVE OF THE GRADE OR GRADES IN WHICH THE SAME POSITION MAY BE ALLOCATED OR REALLOCATED DURING SERVICE UNDER THE PROBATIONAL OR PERMANENT APPOINTMENTS.

NOTICE OF REALLOCATION OF THE POSITION OCCUPIED BY MR. GAMBLE HAVING BEEN RECEIVED IN THE ADMINISTRATIVE OFFICE JANUARY 31, 1927, THE EFFECTIVE DATE OF THE INCREASE OF COMPENSATION FROM $3,300 TO $3,800 PER ANNUM UNDER THE REALLOCATION IS JANUARY 1, 1927.