A-24403, SEPTEMBER 18, 1929, 9 COMP. GEN. 128

A-24403: Sep 18, 1929

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AS DISTINGUISHED FROM AN ADDITIONAL POSITION IS CREATED BY AN ADMINISTRATIVE OFFICE AND AN EMPLOYEE ALREADY IN THE SERVICE IS IMMEDIATELY ASSIGNED THERETO PENDING FINAL ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN ALLOCATING THE NEW POSITION. HE IS NOT ENTITLED TO A SALARY RATE IN THE GRADE IN WHICH THE NEW POSITION IS ALLOCATED UNTIL THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE. BROWNING WAS $5. THIS EMPLOYEE WAS RECEIVING $4. IS CREATED BY AN ADMINISTRATIVE OFFICE AND AN EMPLOYEE ALREADY IN THE SERVICE IS ASSIGNED THERETO. WHICH IS NECESSARY TO DETERMINE THE PROPER GRADE AND SALARY RATE FOR THE NEW POSITION. ALTHOUGH HE MAY HAVE BEEN TEMPORARILY ASSIGNED OR DETAILED TO THE NEW POSITION PENDING THE ACTION OF THE BOARD.

A-24403, SEPTEMBER 18, 1929, 9 COMP. GEN. 128

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATION OF NEW POSITIONS WHEN AN ENTIRELY NEW POSITION, AS DISTINGUISHED FROM AN ADDITIONAL POSITION IS CREATED BY AN ADMINISTRATIVE OFFICE AND AN EMPLOYEE ALREADY IN THE SERVICE IS IMMEDIATELY ASSIGNED THERETO PENDING FINAL ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN ALLOCATING THE NEW POSITION, THE ASSIGNMENT OF THE EMPLOYEE TO THE DUTIES OF THE NEW POSITION SHOULD BE CONSIDERED AS IN THE NATURE OF A DETAIL, HIS SALARY STATUS REMAINING THE SAME, AND HE IS NOT ENTITLED TO A SALARY RATE IN THE GRADE IN WHICH THE NEW POSITION IS ALLOCATED UNTIL THE BEGINNING OF THE PAY PERIOD CURRENT WHEN NOTICE OF THE ALLOCATION IS RECEIVED IN THE ADMINISTRATIVE OFFICE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, SEPTEMBER 18, 1929:

THERE HAS BEEN RECEIVED BY YOUR REFERENCE DATED SEPTEMBER 12, 1929, LETTER FROM C. W. BROWNING, DATED SEPTEMBER 9, 1929, REQUESTING RECONSIDERATION OF DECISION DATED SEPTEMBER 14, 1928, HOLDING THAT THE SALARY RATE PROPERLY PAYABLE FOR THE POSITION OCCUPIED BY MR. BROWNING WAS $5,000 PER ANNUM IN GRADE CAF-12 ON AND AFTER JULY 1, 1928.

ON JUNE 30, 1928, AND PRIOR THERETO, THIS EMPLOYEE WAS RECEIVING $4,600 PER ANNUM IN GRADE CAF-11. ON JUNE 7, 1928, THE ADMINISTRATIVE OFFICE HAD SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD A JOB SHEET COVERING AN ENTIRELY NEW POSITION, TO WHICH MR. BROWNING HAD APPARENTLY ALREADY BEEN ASSIGNED, AND ALLOCATED THE POSITION IN GRADE CAF-12, PURSUANT TO THE SCHEDULE PRESCRIBED IN THE ORIGINAL CLASSIFICATION ACT ON JUNE 30, 1928, WHEN THE SCHEDULE UNDER THE ORIGINAL CLASSIFICATION ACT TERMINATED, THE BOARD HAD TAKEN NO ACTION IN THE MATTER OF APPROVING THE ALLOCATION, BUT ON JULY 30, 1928, AFTER THE SCHEDULE PRESCRIBED IN THE AMENDATORY ACT OF MAY 28, 1928, HAD BECOME EFFECTIVE, THE BOARD ALLOCATED THE POSITION IN GRADE CAF-12 AS PRESCRIBED BY THE NEW SCHEDULE, WITH SALARY RANGE FROM $4,600 TO $5,200 PER ANNUM.

THE DECISION HELD THAT THE GRADE AND SALARY RANGE ACTUALLY HELD ON JUNE 30, 1928, CONTROLLED THE SALARY ADJUSTMENT UNDER THE ACT OF MAY 28, 1928, AS OF JULY 1, 1928, AND THAT SUCH ACTION MIGHT NOT BE BASED ON THE ADMINISTRATIVE ACTION IN JUNE, 1928, RECOMMENDING TO THE BOARD A HIGHER GRADE. IN OTHER WORDS, WHEN AN ENTIRELY NEW POSITION, AS DISTINGUISHED FROM AN ADDITIONAL POSITION, IS CREATED BY AN ADMINISTRATIVE OFFICE AND AN EMPLOYEE ALREADY IN THE SERVICE IS ASSIGNED THERETO, PENDING FINAL ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN ALLOCATING THE NEW POSITION, THE ASSIGNMENT OF THE EMPLOYEE SHOULD BE CONSIDERED IN THE NATURE OF A DETAIL PENDING RECEIPT OF NOTICE OF THE BOARD'S ACTION, WHICH IS NECESSARY TO DETERMINE THE PROPER GRADE AND SALARY RATE FOR THE NEW POSITION. THUS THE SALARY STATUS OF BROWNING DURING ALL OF JUNE, 1928, REMAINED THE SAME, ALTHOUGH HE MAY HAVE BEEN TEMPORARILY ASSIGNED OR DETAILED TO THE NEW POSITION PENDING THE ACTION OF THE BOARD. HIS SALARY RATE ON JULY 1, 1928, UNDER THE AUTOMATIC PROVISION OF THE ACT OF MAY 28, 1928, IS DETERMINED ON THE BASIS OF HIS STATUS ON JUNE 30, 1928.

AS THE BOARD ACTED AT A TIME WHEN THE NEW SALARY SCHEDULE WAS IN EFFECT ITS ALLOCATION OF THE NEW POSITION IN GRADE CAF-12, REFERRED, OF COURSE, TO THE SCHEDULE FOR THAT NUMBERED GRADE AS PRESCRIBED UNDER THE NEW ACT. THE DECISION OF SEPTEMBER 14, 1928, PROPERLY CONCLUDED, THEREFORE, THAT AS THE GRADE UNDER WHICH THE OLD POSITION HELD BY BROWNING ON JUNE 30, 1928, AUTOMATICALLY ADVANCED UNDER THE ACT OF MAY 28, 1928, THE SALARY RATE UNDER EITHER ACTION WAS THE SAME, TO WIT, $5,000 PER ANNUM.

THE EMPLOYEE IS NOW CONTENDING THAT AS THE DUTIES OF HIS POSITION ARE EXPRESSLY DESCRIBED IN GRADE CAF-13, UNDER THE TERMS OF THE ACT OF MAY 28, 1928, HIS SALARY RATE SHOULD BE AT LEAST THE MINIMUM RATE FOR THAT GRADE, OR $5,600 PER ANNUM, FROM AND AFTER JULY 1, 1928. HOWEVER, THE ACTION OF THE ADMINISTRATIVE OFFICE ALONE, EITHER PRIOR TO JULY 1, 1928, OR THEREAFTER, IN ALLOCATING A NEW POSITION IN A PARTICULAR GRADE, IS INSUFFICIENT TO AUTHORIZE PAYMENT OF THE SALARY RATE, EITHER UNDER THE ORIGINAL CLASSIFICATION ACT OR ITS AMENDMENT OF MAY 28, 1928, FOR THAT GRADE, BUT THE SALARY RATE MUST BE DETERMINED ON THE FINAL ACTION OF THE PERSONNEL CLASSIFICATION BOARD.