A-26680, APRIL 13, 1929, 8 COMP. GEN. 545

A-26680: Apr 13, 1929

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NOT ON AN ENTIRELY NEW POSITION TO WHICH THE EMPLOYEE WAS ASSIGNED AS OF JULY 1. THE SALARY RATE FOR WHICH IS PROPERLY PAYABLE ON THE BASIS OF THE ALLOCATION OF SAID NEW POSITION APPROVED BY THE PERSONNEL CLASSIFICATION BOARD PURSUANT TO THE PROVISIONS OF THE ORIGINAL CLASSIFICATION ACT. BUTNER'S SALARY WAS READJUSTED TO $4. BUTNER WAS ASSIGNED TO A NEW POSITION FOR WHICH ALLOCATION WAS REQUESTED TO GRADE CAF-12. BUTNER WAS GIVEN A CHANGE IN DESIGNATION AND PROMOTED TO $4. HE WAS PROMOTED TO $4. BUTNER IS STILL RECEIVING A SALARY AT THE RATE OF $4. THESE FACTS HAVE BEEN CORROBORATED BY A REPORT FROM THE PERSONNEL CLASSIFICATION BOARD. IT IS UNDERSTOOD THAT THE POSITION TO WHICH CLAIMANT WAS ASSIGNED JULY 1.

A-26680, APRIL 13, 1929, 8 COMP. GEN. 545

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATION OF NEW POSITIONS EFFECTIVE JULY 1, 1928 THE PROVISIONS OF THE ACT OF MAY 28, 1928, 45 STAT. 776, AUTHORIZING THE AUTOMATIC ADVANCEMENT OF ALL POSITIONS IN GRADE CAF-11 TO GRADE CAF 12, AS OF JULY 1, 1928, AND THE SAVING CLAUSE AGAINST LOSS OF SALARY, OPERATED ONLY ON POSITIONS AND SALARY RATES HELD AND RECEIVED JUNE 30, 1928, AND NOT ON AN ENTIRELY NEW POSITION TO WHICH THE EMPLOYEE WAS ASSIGNED AS OF JULY 1, 1928, THE SALARY RATE FOR WHICH IS PROPERLY PAYABLE ON THE BASIS OF THE ALLOCATION OF SAID NEW POSITION APPROVED BY THE PERSONNEL CLASSIFICATION BOARD PURSUANT TO THE PROVISIONS OF THE ORIGINAL CLASSIFICATION ACT.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 13, 1929:

R. C. BUTNER HAS FILED IN THIS OFFICE CLAIM FOR $33.80, REPRESENTING DIFFERENCE IN SALARY BETWEEN $4,400 PER ANNUM, THE MAXIMUM SALARY RATE OF GRADE CAF-11, AND $4,600 PER ANNUM, THE MINIMUM SALARY RATE OF GRADE CAF- 12, FOR THE PERIOD JULY 1 TO AUGUST 31, 1928, INCLUSIVE.

UNDER DATE OF FEBRUARY 14, 1929, THE BUREAU OF AGRICULTURAL ECONOMICS, DEPARTMENT OF AGRICULTURE, REPORTED THE FACTS AS FOLLOWS:

ON JUNE 30, 1928, MR. BUTNER OCCUPIED A POSITION THAT HAD BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD TO GRADE CAF-11, AND RECEIVED A SALARY OF $4,400 PER ANNUM.

EFFECTIVE JULY 1, 1928, MR. BUTNER'S SALARY WAS READJUSTED TO $4,800 PER ANNUM UNDER THE PROVISIONS OF THE WELCH ACT AND HIS GRADE CHANGED TO CAF- 12 IN ACCORDANCE WITH THE DECISION OF THE COMPTROLLER GENERAL.

HOWEVER, EFFECTIVE JULY 1, 1928, DUE TO A REASSIGNMENT OF WORK IN OUR FRUIT AND VEGETABLE DIVISION MR. BUTNER WAS ASSIGNED TO A NEW POSITION FOR WHICH ALLOCATION WAS REQUESTED TO GRADE CAF-12. AFTER CONSIDERING THE CASE THE PERSONNEL CLASSIFICATION BOARD ALLOCATED THE POSITION IN GRADE CAF-11 EFFECTIVE JULY 31, 1928, AND IN ACCORDANCE WITH THIS ALLOCATION THE BUREAU UNDER DATE OF JULY 31, 1928, READJUSTED MR. BUTNER'S SALARY BACK TO $4,400 PER ANNUM, THE NEAREST RATE IN GRADE CAF-11.

UPON REQUEST OF THE BUREAU THE CLASSIFICATION BOARD REVIEWED ITS PREVIOUS ACTION, AND UNDER DATE OF SEPTEMBER 8, 1928, APPROVED THE ALLOCATION OF THE POSITION TO GRADE CAF-12. IN ACCORDANCE WITH THIS DECISION, MR. BUTNER WAS GIVEN A CHANGE IN DESIGNATION AND PROMOTED TO $4,600 PER ANNUM, THE MINIMUM RATE OF GRADE CAF-12, EFFECTIVE SEPTEMBER 1, 1928, AND IN ORDER THAT HE MIGHT NOT SUFFER A REDUCTION IN SALARY OVER THAT GRANTED HIM BY THE PROVISIONS OF THE WELCH ACT, HE WAS PROMOTED TO $4,800 PER ANNUM, EFFECTIVE SEPTEMBER 2, 1928. MR. BUTNER IS STILL RECEIVING A SALARY AT THE RATE OF $4,800 PER ANNUM.

THESE FACTS HAVE BEEN CORROBORATED BY A REPORT FROM THE PERSONNEL CLASSIFICATION BOARD, DATED MARCH 6, 1929.

IT IS UNDERSTOOD THAT THE POSITION TO WHICH CLAIMANT WAS ASSIGNED JULY 1, 1928, WAS AN ENTIRELY NEW POSITION WITH DUTIES DIFFERING MATERIALLY FROM THOSE PERFORMED BY HIM PRIOR THERETO. IF SO, AND THERE WERE NO POSITIONS IN THE SAME OFFICE WITH IDENTICAL DUTIES WHICH HAD PREVIOUSLY BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD,THE SUBMISSION BY THE ADMINISTRATIVE OFFICE OF A JOB CLASSIFICATION SHEET DESCRIBING THE DUTIES OF THE ENTIRELY NEW POSITION WAS IN ACCORDANCE WITH THE REQUIREMENTS OF THE ORIGINAL CLASSIFICATION ACT, AND THE SALARY RATE PROPERLY PAYABLE TO THE EMPLOYEE MUST BE DETERMINED ON THE BASIS OF THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN ALLOCATING THE NEW POSITION IN ACCORDANCE WITH THE USUAL PROCEDURE PRESCRIBED PURSUANT TO THE PROVISIONS OF THE ORIGINAL CLASSIFICATION ACT.

THE PROVISIONS OF THE ACT OF MAY 28, 1928, 45 STAT. 776, KNOWN AS WELCH ACT, AUTHORIZING THE AUTOMATIC ADVANCEMENT OF ALL POSITIONS IN GRADE CAF- 11 TO GRADE CAF-12, AND THE SAVING CLAUSE AGAINST LOSS OF SALARY OPERATED ONLY ON POSITIONS AND SALARY RATES HELD AND RECEIVED JUNE 30, 1928, AND NOT ON AN ENTIRELY NEW POSITION AND SALARY RATE TO WHICH THE EMPLOYEE WAS ASSIGNED AS OF JULY 1, 1928. THEREFORE, IN THIS CASE, WHERE THERE WAS A CHANGE IN POSITION AS OF JULY 1, 1928, THE WELCH ACT DID NOT APPLY TO ADVANCE THE NEW POSITION OF THE EMPLOYEE TO GRADE CAF-12 OR TO HAVE THE SALARY RATE HE WAS RECEIVING JUNE 30, 1928. THE SALARY RATE EFFECTIVE AS OF JULY 1, 1928, FOR THE NEW POSITION TO WHICH CLAIMANT WAS ASSIGNED, IS FOR DETERMINATION ON THE BASIS OF THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD JULY 31, 1928, IN ALLOCATING THE NEW POSITION TO GRADE CAF-11.