A-23329, JUNE 16, 1928, 7 COMP. GEN. 795

A-23329: Jun 16, 1928

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1928 ALL EMPLOYEES WHOSE POSITIONS ARE PROPERLY ALLOCATED AS OF JUNE 30. IT IS ONLY IN THOSE CASES IN WHICH THE BASIC QUALIFICATIONS OF A GRADE AS DESCRIBED IN THE CLASSIFICATION ACT OF 1923 ARE NOT COMPLETELY COVERED BY THE BASIC QUALIFICATIONS AS DESCRIBED IN THE ACT OF MAY 28. THAT THE DUTIES OF A POSITION ARE FOR CONSIDERATION BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT IN DETERMINING IN WHICH OF TWO HIGHER GRADES THE POSITION IS TO BE PLACED AS OF JULY 1. AS FOLLOWS: IN SOME OF THE MAJOR BUREAUS OF THE INTERSTATE COMMERCE COMMISSION WE HAVE DIRECTORS AND ASSISTANT DIRECTORS IN THE PROFESSIONAL AND SCIENTIFIC SERVICE. WE UNDERSTAND THAT THE COMMISSION HAS AUTHORITY TO ALLOCATE THE DIRECTORS AND ASSISTANT DIRECTORS IN THE PROFESSIONAL AND SCIENTIFIC SERVICE TO GRADE 6 OR 7 IF THEY ARE NOW IN GRADE 5.

A-23329, JUNE 16, 1928, 7 COMP. GEN. 795

CLASSIFICATION OF CIVILIAN EMPLOYEES - APPLICATION OF ACT OF MAY 28, 1928 ALL EMPLOYEES WHOSE POSITIONS ARE PROPERLY ALLOCATED AS OF JUNE 30, 1928, IN GRADE CAF-12, IN ACCORDANCE WITH THE BASIC QUALIFICATIONS AS DESCRIBED IN THE ORIGINAL CLASSIFICATION ACT OF 1923, AUTOMATICALLY GO TO CAF-13, IN ACCORDANCE WITH THE BASIC QUALIFICATIONS DESCRIBED IN THE AMENDED ACT OF MAY 28, 1928, 45 STAT. 781, AND MAY NOT BE PLACED, BY ACTION OF THE ADMINISTRATIVE OFFICE, IN GRADE CAF-14, AS DESCRIBED IN THE AMENDED STATUTE. IT IS ONLY IN THOSE CASES IN WHICH THE BASIC QUALIFICATIONS OF A GRADE AS DESCRIBED IN THE CLASSIFICATION ACT OF 1923 ARE NOT COMPLETELY COVERED BY THE BASIC QUALIFICATIONS AS DESCRIBED IN THE ACT OF MAY 28, 1928, 45 STAT. 776, UNDER THE SAME OR ANOTHER HIGHER GRADE, THAT THE DUTIES OF A POSITION ARE FOR CONSIDERATION BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT IN DETERMINING IN WHICH OF TWO HIGHER GRADES THE POSITION IS TO BE PLACED AS OF JULY 1, 1928.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE INTERSTATE COMMERCE COMMISSION, JUNE 16, 1928:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JUNE 13, 1928, AS FOLLOWS:

IN SOME OF THE MAJOR BUREAUS OF THE INTERSTATE COMMERCE COMMISSION WE HAVE DIRECTORS AND ASSISTANT DIRECTORS IN THE PROFESSIONAL AND SCIENTIFIC SERVICE, AND SOME IN THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE. UNDER YOUR DECISION OF JUNE 2, 1928, WE UNDERSTAND THAT THE COMMISSION HAS AUTHORITY TO ALLOCATE THE DIRECTORS AND ASSISTANT DIRECTORS IN THE PROFESSIONAL AND SCIENTIFIC SERVICE TO GRADE 6 OR 7 IF THEY ARE NOW IN GRADE 5, AND TO GRADE 7 OR 8 IF THEY ARE NOW IN GRADE 6, WHILE IN THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE WE UNDERSTAND FROM YOUR DECISION THAT THE COMMISSION MAY ALLOCATE DIRECTORS TO GRADES 14 AND 15 IF THEY ARE NOW IN GRADE 13, BUT THAT ASSISTANT DIRECTORS WHO MAY BE ALLOCATED TO GRADE 12 AUTOMATICALLY GO TO GRADE 13. THIS CREATES A RATHER UNFAIR SITUATION IN THAT ASSISTANT DIRECTORS IN THE PROFESSIONAL SERVICE NOW ALLOCATED TO P 5 MAY BE PROMOTED TO GRADE 7, WHILE IT APPEARS THAT ASSISTANT DIRECTORS OF EQUALLY IMPORTANT BUREAUS ALLOCATED TO CAF 12 CAN NOT BE ALLOCATED BY THE COMMISSION AS OF JULY 1ST TO GRADE 14. YOUR DECISION IS RESPECTFULLY REQUESTED AS TO WHETHER THE COMMISSION, UNDER THE ABOVE CIRCUMSTANCES, HAS AUTHORITY TO ALLOCATE ASSISTANT DIRECTORS NOW IN CAF 12 TO CAF 14 IN ORDER TO CORRESPOND WITH ACTION WHICH MAY BE TAKEN IN THE PROFESSIONAL SERVICE.

THE ACT OF MAY 28, 1928, 45 STAT. 785, PROVIDES AS FOLLOWS:

WHENEVER IN ANY CASE THE BASIC QUALIFICATIONS OF ANY ALREADY EXISTING GRADE OR SUBDIVISION OF A SERVICE ARE BY THIS ACT MADE THE BASIC QUALIFICATIONS OF A HIGHER GRADE OR SUBDIVISION, THE POSITIONS OF ALL EMPLOYEES IN SAID EXISTING GRADE OR SUBDIVISION ARE BY THIS ACT ADVANCED TO SAID HIGHER GRADE OR SUBDIVISION OF A SERVICE.

THIS PARAGRAPH IS FOR CONSIDERATION AND APPLICATION IN ALL GRADES IN WHICH THE BASIC QUALIFICATIONS HAVE BEEN DESCRIBED OR FIXED DIFFERENTLY IN THE AMENDED STATUTE FROM THOSE APPEARING IN THE ORIGINAL STATUTE. THAT IS TO SAY, WHERE THE BASIC QUALIFICATIONS AS DESCRIBED UNDER A GIVEN GRADE NUMBER IN THE ORIGINAL STATUTE ARE NOT SO DESCRIBED UNDER THE SAME GRADE NUMBER IN THE AMENDED STATUTE BUT ARE SO DESCRIBED IN A GRADE HAVING A HIGHER NUMBER. THIS PROVISION WAS APPLIED GENERALLY AND THE CORRESPONDING GRADES UNDER THE TWO STATUTES WERE STATED IN DECISION OF JUNE 2, 1928, 7 COMP. GEN. 760, WHEREIN GRADE 13 AS DESCRIBED IN THE AMENDED STATUTE WAS STATED AS BEING THE CORRESPONDING GRADE FOR GRADE 12 AS DESCRIBED IN THE ORIGINAL STATUTE.

THE BASIC QUALIFICATIONS OF GRADE CAF-12, AS DESCRIBED IN THE ORIGINAL STATUTE, ACT OF MARCH 4, 1923, 42 STAT. 1496, ARE AS FOLLOWS:

GRADE TWELVE IN THIS SERVICE, WHICH MAY BE REFERRED TO AS THE CHIEF ADMINISTRATIVE GRADE, SHALL INCLUDE ALL CLASSES OF POSITIONS THE DUTIES OF WHICH ARE TO SUPERVISE THE DESIGN AND INSTALLATION OF OFFICE SYSTEMS, METHODS AND PROCEDURES, OR TO BE HEAD OF A SMALL BUREAU IN CASE PROFESSIONAL OR SCIENTIFIC TRAINING IS NOT REQUIRED, OR TO PERFORM WORK OF SIMILAR IMPORTANCE, DIFFICULTY, AND RESPONSIBILITY.

THE BASIC QUALIFICATIONS OF GRADE CAF-13, AS DESCRIBED IN THE AMENDED STATUTE OF MAY 28, 1928, 45 STAT. 781, ARE AS FOLLOWS, THE WORDS I HAVE ITALICIZED BEING THE IDENTICAL WORDS APPEARING IN THE DESCRIPTION OF THE BASIC QUALIFICATIONS OF GRADE CAF-12 APPEARING IN THE ORIGINAL STATUTE:

GRADE 13 IN THIS SERVICE, WHICH MAY BE REFERRED TO AS THE CHIEF ADMINISTRATIVE GRADE, SHALL INCLUDE ALL CLASSES OF POSITIONS THE DUTIES OF WHICH ARE TO ACT AS ASSISTANT HEAD OF A MAJOR BUREAU, OR TO ACT AS ADMINISTRATIVE HEAD OF A MAJOR SUBDIVISION OF SUCH A BUREAU, OR TO ACT AS HEAD OF A SMALL BUREAU, IN CASE PROFESSIONAL OR SCIENTIFIC TRAINING IS NOT REQUIRED, OR TO SUPERVISE THE DESIGN AND INSTALLATION OF OFFICE SYSTEMS, METHODS, AND PROCEDURES, OR TO PERFORM WORK OF SIMILAR IMPORTANCE, DIFFICULTY, AND RESPONSIBILITY.

THE DESCRIPTION OF THE BASIC QUALIFICATIONS OF GRADE CAF-14 IN THE AMENDED STATUTE IS AS FOLLOWS:

GRADE 14 IN THIS SERVICE, WHICH MAY BE REFERRED TO AS THE EXECUTIVE GRADE, SHALL INCLUDE ALL CLASSES OF POSITIONS THE DUTIES OF WHICH ARE TO ACT AS ASSISTANT HEAD OF ONE OF THE LARGEST AND MOST IMPORTANT BUREAUS, OR TO ACT AS HEAD OF A MAJOR BUREAU, IN CASE PROFESSIONAL OR SCIENTIFIC TRAINING IS NOT REQUIRED, OR TO SUPERVISE THE DESIGN OF SYSTEMS OF ACCOUNTS FOR USE BY PRIVATE CORPORATIONS SUBJECT TO REGULATION BY THE UNITED STATES, OR TO ACT AS THE TECHNICAL CONSULTANT TO A DEPARTMENT HEAD OR A COMMISSION OR BOARD IN CONNECTION WITH TECHNICAL OR FISCAL MATTERS, OR TO PERFORM WORK OF SIMILAR IMPORTANCE, DIFFICULTY, AND RESPONSIBILITY.

IT WILL BE NOTED THAT THE ENTIRE DESCRIPTION OF THE BASIC QUALIFICATIONS OF GRADE CAF-12 APPEARING IN THE ORIGINAL STATUTE, ALSO APPEARS IN THE DESCRIPTION OF THE BASIC QUALIFICATIONS OF GRADE CAF-13 IN THE AMENDED STATUTE, AND NO PART OF THE DESCRIPTION OF THE BASIC QUALIFICATIONS OF GRADE CAF-12 AS APPEARING IN THE ORIGINAL STATUTE, APPEARS IN THE DESCRIPTION OF THE BASIC QUALIFICATIONS OF GRADE CAF-14 IN THE AMENDED STATUTE. HENCE, IT WOULD APPEAR THAT ALL POSITIONS ALLOCATED IN GRADE CAF -12 UNDER THE ORIGINAL STATUTE ARE, UNDER THE AMENDATORY STATUTE, AUTOMATICALLY PLACED IN THE NEW GRADE CAF-13, EFFECTIVE JULY 1, 1928. ANY QUESTION OF IMPROPER ALLOCATION PRIOR TO JULY 1, 1928, OR AS TO WHETHER POSITIONS THAT WERE ALLOCATED TO GRADE CAF-12 UNDER THE ORIGINAL STATUTE MAY, SUBSEQUENT TO JULY 1, 1928, BE ALLOCATED TO GRADE CAF-14 UNDER THE AMENDED STATUTE--- A GRADE, THE BASIC QUALIFICATIONS OF WHICH WERE NOT DESCRIBED UNDER THE ORIGINAL STATUTE--- WILL BE A MATTER FOR CONSIDERATION OF THE PERSONNEL CLASSIFICATION BOARD AFTER JULY 1, 1928. ACCORDINGLY, NO MODIFICATION APPEARS NECESSARY AT THE PRESENT TIME IN THE SCHEDULE OF CORRESPONDING GRADES UNDER THE ORIGINAL AND AMENDED STATUTES STATED IN DECISION OF JUNE 2, 1928, IN SO FAR AS CONCERNS GRADE CAF-12 UNDER THE ORIGINAL STATUTE.

AS INDICATED IN THE DECISION OF JUNE 2, 1928, IT IS ONLY IN THOSE CASES IN WHICH THE BASIC QUALIFICATIONS OF A GRADE AS DESCRIBED IN THE ORIGINAL STATUTE ARE NOT COMPLETELY COVERED BY THE BASIC QUALIFICATIONS AS DESCRIBED IN THE AMENDATORY STATUTE UNDER THE SAME OR ANOTHER HIGHER GRADE, THAT THE DUTIES OF A POSITION ARE FOR CONSIDERATION BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT IN DETERMINING IN WHICH OF TWO HIGHER GRADES THE POSITION IS TO BE PLACED AS OF JULY 1, 1928. FOR EXAMPLE, THE DUTIES OF THE INDIVIDUAL POSITIONS UNDER GRADE CAF-13 UNDER THE ORIGINAL STATUTE ARE FOR CONSIDERATION IN DETERMINING WHICH OF THEM ARE TO GO INTO GRADE CAF-14 AND WHICH INTO GRADE CAF-15 AS OF JULY 1, 1928, UNDER THE AMENDATORY STATUTE. WHEN THE GRADE IS THUS DETERMINED BY THE HEAD OF THE DEPARTMENT OR ESTABLISHMENT, THE SAME RELATIVE POSITION WITHIN THE GRADE IS TO BE DETERMINED IN ACCORDANCE WITH THE RULES STATED IN THE DECISION OF JUNE 2, 1928. IN THE ABSENCE OF SPECIFIC ADMINISTRATIVE ACTION PLACING A POSITION WHICH ON JUNE 30, 1928, IS IN GRADE CAF-13, IN GRADE CAF-15 AS OF JULY 1, 1928, SUCH POSITION WILL AUTOMATICALLY GO FROM OLD GRADE 13 TO NEW GRADE 14.