A-25703, JANUARY 24, 1929, 8 COMP. GEN. 393

A-25703: Jan 24, 1929

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CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFERS TO NEW POSITIONS WHEN A NEW POSITION IS CREATED BY THE ADMINISTRATIVE OFFICE AND FINALLY ALLOCATED AS PROVIDED BY LAW. PROVIDED THERE IS A SALARY RATE IN THE GRADE TO WHICH TRANSFERRED EQUAL TO OR GREATER THAN THE SALARY RATE BEING RECEIVED AT TIME OF TRANSFER. 8 COMP. WHO WAS ASSIGNED TO A POSITION ALLOCATED TO GRADE CAF-7. THERE WAS RECENTLY EFFECTED A CONSOLIDATION OF THE MAJOR PORTION OF THE DUTIES OF THE ACCOUNTS SECTION. WHICH POSITION WAS ALLOCATED TO GRADE CAF-9. WHICH WAS ALLOCATED TO GRADE CAF-8. AULD WAS ASSIGNED AS CHIEF AND MR. APPROPRIATE CLASSIFICATION SHEETS WERE SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD. WAS ASSIGNED AS ASSISTANT CHIEF ON DECEMBER 7.

A-25703, JANUARY 24, 1929, 8 COMP. GEN. 393

CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFERS TO NEW POSITIONS WHEN A NEW POSITION IS CREATED BY THE ADMINISTRATIVE OFFICE AND FINALLY ALLOCATED AS PROVIDED BY LAW, THE ADMINISTRATIVE OFFICE MAY TRANSFER TO THE NEW POSITION AN EMPLOYEE FROM A LOWER OR HIGHER GRADE WITHOUT REDUCTION IN SALARY, PROVIDED THERE IS A SALARY RATE IN THE GRADE TO WHICH TRANSFERRED EQUAL TO OR GREATER THAN THE SALARY RATE BEING RECEIVED AT TIME OF TRANSFER. 8 COMP. GEN. 275 DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, JANUARY 24, 1929:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JANUARY 8, 1929, AS FOLLOWS:

IN VIEW OF YOUR DECISION A-25192, DATED NOVEMBER 27, 1928, A QUESTION HAS ARISEN AS TO THE PROPER RATE OF COMPENSATION TO BE PAID MR. FRANK B. BRYAN, AN EMPLOYEE OF THIS BUREAU, WHO WAS ASSIGNED TO A POSITION ALLOCATED TO GRADE CAF-7, EFFECTIVE DECEMBER 7, 1928.

THERE WAS RECENTLY EFFECTED A CONSOLIDATION OF THE MAJOR PORTION OF THE DUTIES OF THE ACCOUNTS SECTION, INSURANCE DIVISION, AND THE CONTROL ACCOUNTS SUBDIVISION, ACCOUNTING DIVISION. MR. VERNON S. AULD HELD THE POSITION OF CHIEF OF THE ACCOUNTS SECTION, WHICH POSITION WAS ALLOCATED TO GRADE CAF-9, WHILE MR. BRYAN HELD THE POSITION OF CHIEF OF THE CONTROL ACCOUNTS SUBDIVISION, WHICH WAS ALLOCATED TO GRADE CAF-8. FOLLOWING THE CONSOLIDATION, MR. AULD WAS ASSIGNED AS CHIEF AND MR. BRYAN AS ASSISTANT CHIEF OF THE NEW SUBDIVISION. APPROPRIATE CLASSIFICATION SHEETS WERE SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD. THE BUREAU RECOMMENDED GRADE CAF-10 FOR THE POSITION OF CHIEF AND GRADE CAF-8 FOR THE POSITION OF ASSISTANT CHIEF. THE PERSONNEL CLASSIFICATION BOARD, HOWEVER, ALLOCATED THE POSITIONS TO GRADE CAF-9 AND GRADE CAF-7, RESPECTIVELY. THE ALLOCATION MADE BY THE BOARD BEING CONSIDERED MANIFESTLY ERRONEOUS, THE BUREAU HAS FILED A FORMAL APPEAL.

MR. BRYAN, WHO HAS BEEN RECEIVING $3,100 PER ANNUM, WAS ASSIGNED AS ASSISTANT CHIEF ON DECEMBER 7, 1928. IF THE RULE LAID DOWN IN YOUR DECISION A-25192, WHICH IS TO THE EFFECT THAT UPON REALLOCATION THE INITIAL SALARY RATE IN THE LOWER GRADE IS THE MINIMUM OF SAID GRADE, IS APPLIED IN THIS CASE, MR. BRYAN WILL SUFFER A DEMOTION IN SALARY OF $500 PER ANNUM. SUCH A REDUCTION WAS NOT CONTEMPLATED BY THE BUREAU AT THE TIME IT WAS DECIDED TO ASSIGN MR. BRYAN AS ASSISTANT CHIEF, IT BEING THE VIEW OF THE BUREAU THAT THE POSITION WOULD UNQUESTIONABLY BE ALLOCATED TO GRADE CAF-8. TO DEMOTE MR. BRYAN UNDER THE CIRCUMSTANCES OUTLINED HEREIN AND AFTER HE HAS COMPLETED 30 YEARS IN THE FEDERAL SERVICE WOULD, IT IS BELIEVED, CONTRAVENE THE SPIRIT AND INTEREST OF ALL LEGISLATION ON THE SUBJECT OF CLASSIFICATION OF EMPLOYEES. IT IS TO BE NOTED EVEN THE APPROPRIATION ACTS CONTAIN A SAVING CLAUSE SO THAT THE APPLICATION OF THE PROVISION RELATIVE TO AVERAGE SALARIES DOES NOT OPERATE TO REQUIRE A REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR DIFFERENT BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT.

A DECISION IS REQUESTED AS TO WHETHER THE BUREAU HAS AUTHORITY TO FIX THE SALARY OF MR. BRYAN AT $3,100 PER ANNUM, THE MAXIMUM FOR GRADE CAF-7, FROM DECEMBER 7, 1928.

IN DECISION OF NOVEMBER 27, 1928, 8 COMP. GEN. 275, TO WHICH YOU REFER, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

UPON A REALLOCATION OF A POSITION BY THE PERSONNEL CLASSIFICATION BOARD FROM A HIGHER TO A LOWER GRADE, THE INITIAL SALARY RATE PROPERLY PAYABLE IS THE MINIMUM SALARY RATE OF THE LOWER GRADE IN WHICH THE POSITION IS REALLOCATED, AND ANY ADMINISTRATIVE PROMOTION THEREAFTER TO A HIGHER SALARY RATE IN THE LOWER GRADE DEPENDS ON THE AVAILABILITY OF APPROPRIATION, THE COMPARATIVE EFFICIENCY OF THE EMPLOYEE, AND COMPLIANCE WITH THE AVERAGE PROVISION. 6 COMP. GEN. 413, DISTINGUISHED.

IT WILL BE NOTED THAT IN THAT CASE THERE WAS A REALLOCATION OF THE SAME POSITION, AND THE PRINCIPLE ANNOUNCED IS APPLICABLE ONLY TO SUCH CLASS OF CASES. IN THE INSTANT CASE THERE WAS INVOLVED THE ORIGINAL CREATION AND ALLOCATION OF A NEW POSITION DUE TO REORGANIZATION AND THE TRANSFER OF MR. BRYAN FROM A POSITION IN GRADE CAF-8 WITH SALARY AT THE RATE OF $3,100 TO THE NEWLY-CREATED POSITION IN GRADE CAF-7. THE DISTINCTION BETWEEN THE TWO CASES IS THAT THE FORMER CASE RELATED TO A CHANGE IN THE PAY STATUS OF THE INDIVIDUAL OCCUPYING THE SAME POSITION BY REASON OF A REALLOCATION THEROF, WHEREAS THE INSTANT CASE RELATES TO THE CREATION AND ALLOCATION OF A NEW POSITION AND THE TRANSFER OF AN EMPLOYEE THERETO FROM A POSITION IN ANOTHER GRADE. THE STATUS OF THE INDIVIDUAL IS NOT INVOLVED IN THE CREATION AND ALLOCATION OF A NEW POSITION.

EXCEPTION (3) OF THE AVERAGE PROVISION APPEARING IN THE ANNUAL APPROPRIATION ACTS (SEE ACT OF MAY 16, 1928, 45 STAT. 589) IS AS FOLLOWS:

* * * TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR A DIFFERENT BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, * *

THERE WOULD BE INCLUDED WITHIN THE TERMS OF THIS EXCEPTION THE TRANSFER OF MR. BRYAN FROM GRADE CAF-8 TO THE NEW POSITION IN GRADE CAF-7, AND THE ADMINISTRATIVE OFFICE IS AUTHORIZED TO FIX INITIALLY AS OF DECEMBER 7, 1928, A SALARY RATE OF $3,100 PER ANNUM, WHICH IS THE MAXIMUM OF GRADE CAF -7, IN WHICH THE NEW POSITION HAS BEEN ALLOCATED.

THE GENERAL PRINCIPLE MAY BE ANNOUNCED AS FOLLOWS:

WHEN A NEW POSITION IS CREATED BY AN ADMINISTRATIVE OFFICE AND FINALLY ALLOCATED AS PROVIDED BY LAW, THE ADMINISTRATIVE OFFICE MAY TRANSFER TO THE NEW POSITION AN EMPLOYEE FROM A LOWER OR HIGHER GRADE WITHOUT REDUCTION IN SALARY, PROVIDED THERE IS A SALARY RATE IN THE GRADE TO WHICH TRANSFERRED EQUAL TO OR GREATER THAN THE SALARY RATE BEING RECEIVED AT THE TIME OF SUCH TRANSFER.