A-26373, APRIL 17, 1929, 8 COMP. GEN. 551

A-26373: Apr 17, 1929

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CLASSIFICATION OF CIVILIAN EMPLOYEES - REALLOCATION - JURISDICTION OF PERSONNEL CLASSIFICATION BOARD THE PERSONNEL CLASSIFICATION BOARD HAS AUTHORITY TO REALLOCATE A POSITION DOWNWARD UPON AN APPEAL BY THE EMPLOYEE CONCERNED REQUESTING REALLOCATION UPWARD AND THE SALARY RATE PROPERLY PAYABLE IS IN THE LOWER GRADE IN WHICH THE POSITION HAS BEEN REALLOCATED. THE CASE IS ALLEGED TO INVOLVE THE QUESTION WHETHER THE PERSONNEL CLASSIFICATION BOARD HAS AUTHORITY TO REALLOCATE THE POSITION DOWNWARD UPON AN APPEAL BY THE EMPLOYEE REQUESTING REALLOCATION UPWARD. THE FACTS ARE STATED TO BE AS FOLLOWS: * * * THE RECORDS OF THE SECRETARY'S OFFICE (APPOINTMENT DIVISION) SHOW THAT MR. MARKS WAS ORIGINALLY RECOMMENDED BY THE BUREAU OF MEDICINE AND SURGERY IN MAY.

A-26373, APRIL 17, 1929, 8 COMP. GEN. 551

CLASSIFICATION OF CIVILIAN EMPLOYEES - REALLOCATION - JURISDICTION OF PERSONNEL CLASSIFICATION BOARD THE PERSONNEL CLASSIFICATION BOARD HAS AUTHORITY TO REALLOCATE A POSITION DOWNWARD UPON AN APPEAL BY THE EMPLOYEE CONCERNED REQUESTING REALLOCATION UPWARD AND THE SALARY RATE PROPERLY PAYABLE IS IN THE LOWER GRADE IN WHICH THE POSITION HAS BEEN REALLOCATED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, APRIL 17, 1929:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 6, 1929, REQUESTING DECISION AS TO THE PROPER GRADE IN WHICH THE SALARY RATE OF JACOB S. MARKS, CHIEF IN CHARGE OF MEDICAL RECORDS SECTION, BUREAU OF MEDICINE AND SURGERY, NAVY DEPARTMENT, SHOULD BE PAID. THE CASE IS ALLEGED TO INVOLVE THE QUESTION WHETHER THE PERSONNEL CLASSIFICATION BOARD HAS AUTHORITY TO REALLOCATE THE POSITION DOWNWARD UPON AN APPEAL BY THE EMPLOYEE REQUESTING REALLOCATION UPWARD.

THE FACTS ARE STATED TO BE AS FOLLOWS:

* * * THE RECORDS OF THE SECRETARY'S OFFICE (APPOINTMENT DIVISION) SHOW THAT MR. MARKS WAS ORIGINALLY RECOMMENDED BY THE BUREAU OF MEDICINE AND SURGERY IN MAY, 1923, FOR CLASSIFICATION IN GRADE CAF-5 AND BY THE DEPARTMENT FOR ALLOCATION TO GRADE CAF-6. HE WAS ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD TO GRADE CAF-6, EFFECTIVE JULY 1, 1924, THE DATE OF EFFECT OF THE CLASSIFICATION ACT OF 1923. IN JANUARY, 1925, HE APPEALED FOR REALLOCATION TO A HIGHER GRADE. THE PERSONNEL CLASSIFICATION BOARD AFTER AN INVESTIGATION OF THE POSITION CHANGED ITS ALLOCATION FROM GRADE CAF-6 TO GRADE CAF-5, EFFECTIVE FEBRUARY 15, 1925. THE CHANGE IN GRADE ALLOCATION DID NOT REDUCE THE PAY OF MR. MARKS. A CHANGE IN DUTY SHEET WAS SUBMITTED FOR HIS POSITION IN DECEMBER, 1925, ON WHICH THE BUREAU RECOMMENDED THE ALLOCATION OF THE POSITION TO GRADE CAF-6. THE DEPARTMENT RECOMMENDED THE ALLOCATION OF THE POSITION TO GRADE CAF-5 AND HE WAS FINALLY ALLOCATED TO THAT GRADE BY THE PERSONNEL CLASSIFICATION BOARD. IN MARCH, 1926, HE AGAIN APPEALED ON THE BASIS OF THE ADDITIONAL DUTIES FOR A REALLOCATION FROM GRADE CAF-5 TO GRADE CAF-6, WHICH WAS APPROVED BY THE BUREAU. THIS APPEAL WAS DISAPPROVED BY THE DEPARTMENT AND THE PERSONNEL CLASSIFICATION BOARD. MR. MARKS AGAIN APPEALED IN MAY, 1928, FOR REALLOCATION FROM GRADE CAF-5 TO GRADE CAF-7, WHICH WAS APPROVED BY THE BUREAU AND THE DEPARTMENT FOR GRADE CAF-6, BUT WAS DISAPPROVED BY THE PERSONNEL CLASSIFICATION BOARD.

THE QUESTION ABOVE STATED ALLEGED TO BE INVOLVED RELATES EVIDENTLY TO THE TRANSACTIONS IN JANUARY AND FEBRUARY, 1925, WHEN THE PERSONNEL CLASSIFICATION BOARD REALLOCATED THE POSITION DOWNWARD FROM GRADE CAF 6 TO GRADE CAF-5 UPON THE APPEAL OF THE EMPLOYEE FOR A GRADE HIGHER THAN GRADE 6, THE NUMBER NOT STATED. BUT THOSE TRANSACTIONS ARE NOT NOW FOR CONSIDERATION TO DETERMINE THE CURRENT RATE OF PAY OF CLAIMANT. DECEMBER, 1925,"A CHANGE IN DUTY SHEET" WAS SUBMITTED TO THE BOARD, WHICH IS TAKEN TO MEAN THAT THE DUTIES OF THE POSITION WERE MATERIALLY CHANGED, IN EFFECT CREATING A NEW POSITION NECESSITATING SUBMISSION TO THE PERSONNEL CLASSIFICATION BOARD AS AN ORIGINAL ALLOCATION. IF SO, THE EMPLOYEE IS NO LONGER IN THE POSITION HELD IN JANUARY AND FEBRUARY, 1925, BUT IN A NEWLY CREATED POSITION WHICH HAS BEEN FINALLY ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD IN GRADE CAF-5. IT WOULD APPEAR, THEREFORE, THAT THE SALARY RATE OF THE EMPLOYEE IS NOW PROPERLY PAYABLE IN GRADE CAF-5.

AS RELATING TO THE PAY STATUS OF JACOB S. MARKS BETWEEN FEBRUARY 1, 1925, AND THE EFFECTIVE DATE FOR PAY PURPOSES OF THE ORIGINAL ALLOCATION OF THE NEW POSITION TO GRADE CAF-5, THE QUESTION ABOVE STATED MAY BE CONSIDERED AND ANSWERED.

IT HAS BEEN HELD CONSISTENTLY THAT THE PERSONNEL CLASSIFICATION BOARD HAS NO JURISDICTION UNDER THE ORIGINAL CLASSIFICATION ACT OR ITS AMENDMENT OF MAY 28, 1928, TO CHANGE THE SALARY GRADE OF AN EXISTING POSITION PREVIOUSLY ALLOCATED BY THE BOARD, UNLESS THE ADMINISTRATIVE OFFICE OR THE EMPLOYEE CONCERNED REQUESTS CONSIDERATION AND ACTION BY THE BOARD. BUT IF THE JURISDICTION OF THE BOARD IS ONCE LAWFULLY INVOKED IN THE MATTER, IT IS THE DUTY AND RESPONSIBILITY OF THE BOARD TO ALLOCATE THE POSITION IN THE PROPER GRADE THE BASIC QUALIFICATIONS OF WHICH, AS PRESCRIBED BY LAW, CORRESPOND TO THE DUTIES ACTUALLY PERFORMED BY THE EMPLOYEE, WHETHER THE SAME, ABOVE, OR BELOW THE GRADE IN WHICH THE POSITION HAD PREVIOUSLY BEEN ALLOCATED. ACCORDINGLY, THE QUESTION ABOVE STATED IS ANSWERED IN THE AFFIRMATIVE. CLAIMANT IS NOT ENTITLED TO ANY ADDITIONAL COMPENSATION.