A-25751, FEBRUARY 2, 1929, 8 COMP. GEN. 400

A-25751: Feb 2, 1929

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CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFER TO A NEW POSITION FROM A HIGHER GRADE 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 HIGHER GRADE AND PAY THE MAXIMUM SALARY RATE IN THE LOWER GRADE IF THERE IS NO SALARY RATE IN THE LOWER GRADE TO WHICH TRANSFERRED EQUAL TO OR GREATER THAN THE SALARY RATE BEING RECEIVED IN THE HIGHER GRADE AT THE TIME OF SUCH TRANSFER. LAY WERE PROPER IN VIEW OF THE DECISION OF THIS OFFICE DATED NOVEMBER 27. YOUR SUBMISSION WILL BE REGARDED AS A REQUEST FOR A DECISION TO GUIDE YOU IN MAKING PAYMENTS HEREAFTER TO THE TWO EMPLOYEES MENTIONED.

A-25751, FEBRUARY 2, 1929, 8 COMP. GEN. 400

CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFER TO A NEW POSITION FROM A HIGHER GRADE 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 HIGHER GRADE AND PAY THE MAXIMUM SALARY RATE IN THE LOWER GRADE IF THERE IS NO SALARY RATE IN THE LOWER GRADE TO WHICH TRANSFERRED EQUAL TO OR GREATER THAN THE SALARY RATE BEING RECEIVED IN THE HIGHER GRADE AT THE TIME OF SUCH TRANSFER.

COMPTROLLER GENERAL MCCARL TO E. M. LAWTON, DISBURSING CLERK, WAR DEPARTMENT, FEBRUARY 2, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 14, 1929, REQUESTING DECISION AS TO WHETHER PAYMENTS MADE ON THE DECEMBER, 1928, PAY ROLL FOR THE OFFICE OF QUARTERMASTER GENERAL, WAR DEPARTMENT, TO F. B. HUNT AND JESSE A. LAY WERE PROPER IN VIEW OF THE DECISION OF THIS OFFICE DATED NOVEMBER 27, 1928, 8 COMP. GEN. 275.

YOUR SUBMISSION WILL BE REGARDED AS A REQUEST FOR A DECISION TO GUIDE YOU IN MAKING PAYMENTS HEREAFTER TO THE TWO EMPLOYEES MENTIONED.

BASED ON YOUR LETTER AND THE PAY ROLL FOR DECEMBER SUBMITTED TO THIS OFFICE FOR AUDIT, THE FACTS APPEAR TO BE AS FOLLOWS:

F. B. HUNT WAS IN GRADE CAF-6 AT $2,500 PER ANNUM. NOTICE WAS RECEIVED IN THE ADMINISTRATIVE OFFICE DECEMBER 31, 1928, TOO LATE FOR NOTATION ON THE DECEMBER PAY ROLL, OF A CHANGE IN THE ALLOCATION OF THE POSITION HELD BY HIM FROM GRADE CAF-6 TO GRADE CAF-5. ACCORDINGLY, THE EMPLOYEE WAS PAID FOR THE MONTH OF DECEMBER AT THE RATE OF $2,500 PER ANNUM, WHICH HAPPENS TO BE, ALSO, THE MAXIMUM SALARY RATE FOR GRADE CAF-5.

JESSE A. LAY WAS IN GRADE CAF-5 AT $2,100 PER ANNUM. NOTICE WAS RECEIVED IN THE ADMINISTRATIVE OFFICE NOVEMBER 30, 1928, OF A CHANGE IN THE ALLOCATION OF THE POSITION HELD BY HIM TO GRADE CAF-3. THE PAY ROLL FOR DECEMBER WAS PROPERLY NOTED AND THE EMPLOYEE PAID FOR THAT MONTH AT THE RATE OF $1,920 PER ANNUM, THE MAXIMUM SALARY RATE FOR GRADE CAF-3.

YOU STATE YOU HAVE BEEN OFFICIALLY INFORMED AS FOLLOWS:

THE POSITION HELD BY MR. HUNT IN GRADE 6 WAS NOT THE SAME POSITION AS WAS DEALT WITH BY THE PERSONNEL CLASSIFICATION BOARD IN ALLOCATING HIM TO GRADE 5; THE BOARD'S ACTION WAS UPON A REPORT FROM THE DEPARTMENT OF A SUBSTANTIAL CHANGE IN ASSIGNMENT OF DUTIES TO MR. HUNT, AND WAS THEREFORE A TRANSFER TO ANOTHER POSITION. THE SAME CONDITION APPERTAINED TO THE BOARD'S ACTION IN RELATION TO ALLOCATING MR. LAY TO GRADE 3. IN THIS CONNECTION REFERENCE IS MADE TO 3 COMP. GEN. 1006; ALSO 4 COMP. GEN. 150.

THE DECISION OF NOVEMBER 27, 1928, 8 COMP. GEN. 275, TO WHICH YOU REFER, INVOLVED THE REALLOCATION DOWNWARD OF THE SAME POSITION AND IS NOT FOR APPLICATION HERE. SEE DECISION DATED JANUARY 24, 1929, A 25703, 8 COMP. GEN. 393, WHEREIN THERE WAS ANNOUNCED THE FOLLOWING GENERAL PRINCIPLE:

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.

IN ACCORDANCE WITH SAID DECISION, F. B. HUNT WAS PROPERLY PAID AT A RATE OF $2,500 IN GRADE CAF-5 FOR THE MONTH OF DECEMBER.

IN THE CASE OF JESSE A. LAY, WHICH, ALSO, INVOLVES A TRANSFER TO A NEW POSITION FROM A HIGHER GRADE, THERE IS NO SALARY RATE IN THE LOWER GRADE TO WHICH THE TRANSFER WAS MADE EQUAL TO OR GREATER THAN THE RATE BEING RECEIVED AT THE TIME OF TRANSFER. HOWEVER, UNDER THE PRINCIPLE OF THE CITED DECISION AND THE APPARENT INTENT OF THE AVERAGE PROVISION, AS WELL AS SECTION 10 OF THE ORIGINAL CLASSIFICATION ACT, THAT THE EMPLOYEE UPON TRANSFER SHOULD NOT LOSE ANY MORE COMPENSATION THAN NECESSARY, THE GENERAL RULE ANNOUNCED IN THE DECISION OF JANUARY 24, 1929, MAY BE APPLIED TO THE EXTENT POSSIBLE IN SUCH CASES AS THIS. THAT IS TO SAY, WHEN THERE IS NO SALARY RATE IN THE LOWER GRADE TO WHICH TRANSFERRED EQUAL TO OR GREATER THAN THE SALARY BEING RECEIVED AT THE TIME OF SUCH TRANSFER THE ADMINISTRATIVE OFFICE MAY FIX THE COMPENSATION AT THE MAXIMUM SALARY RATE OF THE LOWER GRADE TO WHICH THE TRANSFER IS MADE.

ACCORDINGLY, JESSE A. LAY WAS PROPERLY PAID AT THE RATE OF $1,920 FOR THE MONTH OF DECEMBER, 1928.