A-27735, SEPTEMBER 3, 1929, 9 COMP. GEN. 101

A-27735: Sep 3, 1929

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IS A MATTER FOR THE ADMINISTRATIVE OFFICE CONCERNED WITHIN AVAILABLE APPROPRIATIONS. NEW POSITIONS WHICH THE ADMINISTRATIVE OFFICES ARE REQUIRED BY THE CLASSIFICATION ACT TO REPORT TO THE PERSONNEL CLASSIFICATION BOARD FOR APPROVAL OF ALLOCATIONS ARE THOSE HAVING DUTIES AND RESPONSIBILITIES WHICH DIFFER FROM EXISTING ALLOCATED POSITIONS IN THE SAME BUREAU. THERE WAS DISALLOWED IN THE SETTLEMENT OF THE ACCOUNTS CREDIT FOR THE SUM OF $14.47. IT APPEARING THAT THERE WAS INVOLVED A CHANGE IN ALLOCATION. NOTICE OF WHICH WAS NOT RECEIVED IN THE ADMINISTRATIVE OFFICE FROM THE PERSONNEL CLASSIFICATION BOARD UNTIL DECEMBER 3. IN VIEW OF HIS STATEMENTS YOU WERE REQUESTED UNDER DATE OF JULY 12. SPANG WAS ASSIGNED TO AN ENTIRELY DIFFERENT AND HIGHER GRADE OF WORK.

A-27735, SEPTEMBER 3, 1929, 9 COMP. GEN. 101

CLASSIFICATION OF CIVILIAN EMPLOYEES - CREATION OF NEW AND ADDITIONAL POSITIONS THE CREATION OF ADDITIONAL POSITIONS HAVING DUTIES AND RESPONSIBILITIES IDENTICAL WITH THOSE OF AN EXISTING POSITION OR POSITIONS PREVIOUSLY FINALLY ALLOCATED IN THE SAME GRADE AND CLASS, UNDER THE SAME BUREAU, OFFICE, OR APPROPRIATION UNIT, IS A MATTER FOR THE ADMINISTRATIVE OFFICE CONCERNED WITHIN AVAILABLE APPROPRIATIONS, AND DOES NOT REQUIRE THE APPROVAL OF THE ALLOCATION BY THE PERSONNEL CLASSIFICATION BOARD BEFORE AN EMPLOYEE APPOINTED, PROMOTED, OR TRANSFERRED TO SUCH ADDITIONAL POSITION BY ADMINISTRATIVE ACTION MAY BE PAID THE SALARY RATE ATTACHING TO SUCH ADDITIONAL POSITION. 5 COMP. GEN. 202; 6 ID. 202, DISTINGUISHED. NEW POSITIONS WHICH THE ADMINISTRATIVE OFFICES ARE REQUIRED BY THE CLASSIFICATION ACT TO REPORT TO THE PERSONNEL CLASSIFICATION BOARD FOR APPROVAL OF ALLOCATIONS ARE THOSE HAVING DUTIES AND RESPONSIBILITIES WHICH DIFFER FROM EXISTING ALLOCATED POSITIONS IN THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, AND CARE SHOULD BE EXERCISED TO SUBMIT ALL SUCH POSITIONS PROMPTLY FOR ALLOCATION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 3, 1929:

THERE CAME BEFORE THIS OFFICE FOR CONSIDERATION IN THE AUDIT OF THE ACCOUNTS OF J. L. SUMMERS, DISBURSING CLERK, TREASURY DEPARTMENT, THE EFFECTIVE DATE OF THE PROMOTION REALLOCATION OF HAROLD H. SPANG, AN EMPLOYEE UNDER THE BUREAU OF INTERNAL REVENUE.

THERE WAS DISALLOWED IN THE SETTLEMENT OF THE ACCOUNTS CREDIT FOR THE SUM OF $14.47, REPRESENTING THE DIFFERENCE IN PAY FOR THE MONTH OF NOVEMBER, 1928, BETWEEN THE EMPLOYEE'S FORMER POSITION IN GRADE CAF-2, SALARY RATE, $1,440 PER ANNUM, AND HIS NEW POSITION IN GRADE CAF-3, SALARY RATE, $1,620 PER ANNUM, IT APPEARING THAT THERE WAS INVOLVED A CHANGE IN ALLOCATION, NOTICE OF WHICH WAS NOT RECEIVED IN THE ADMINISTRATIVE OFFICE FROM THE PERSONNEL CLASSIFICATION BOARD UNTIL DECEMBER 3, 1928. SEE 5 COMP. GEN. 202, 6 ID. 202.

THE EMPLOYEE HAS PROTESTED THE ACTION OF THIS OFFICE, CONTENDING THAT HE HAD BEEN ASSIGNED TO THE DUTIES IN THE HIGHER GRADE PRIOR TO NOVEMBER 1, 1928, THE DATE FROM WHICH THE DISBURSING OFFICER HAD PAID HIM AS OF THE HIGHER GRADE.

IN VIEW OF HIS STATEMENTS YOU WERE REQUESTED UNDER DATE OF JULY 12, 1929, TO REPORT THE FACTS IN THE CASE, AND IN YOUR REPLY UNDER DATE OF JULY 29, 1929, YOU STATE AS FOLLOWS:

ON SEPTEMBER 16, 1928, MR. SPANG WAS ASSIGNED TO AN ENTIRELY DIFFERENT AND HIGHER GRADE OF WORK, POSITIONS IN WHICH PREVIOUSLY HAD BEEN ALLOCATED TO GRADE CAF-3. HOWEVER, RECOMMENDATION FOR HIS PROMOTION WAS NOT MADE UNTIL OCTOBER 22, 1928, WHEN THE CIVIL SERVICE COMMISSION AUTHORIZED HIS CHANGE IN STATUS FROM JUNIOR CLERK TO SENIOR TABULATING MACHINE OPERATOR UPON HIS QUALIFICATION THROUGH APPROPRIATE EXAMINATION.

ON OCTOBER 29, 1928, THE CLASSIFICATION SHEET ON WHICH WAS RECOMMENDED MR. SPANG'S PROMOTION AND CHANGE OF GRADE FROM JUNIOR CLERK, CAF-2-1, $1440 PER ANNUM, TO SENIOR OPERATOR OFFICE DEVICES, CAF-3-8, $1620 PER ANNUM, WAS FORWARDED THROUGH THE PROPER CHANNELS TO THE PERSONNEL CLASSIFICATION BOARD. THE RECOMMENDATION WAS RECEIVED BY THE PERSONNEL CLASSIFICATION BOARD NOVEMBER 1, 1928, APPROVED NOVEMBER 30, 1928, AND RECEIVED BACK IN THE CLASSIFICATION OFFICE OF THIS DEPARTMENT DECEMBER 1, 1928.

IT IS UNDERSTOOD FROM THESE STATEMENTS THAT THE CHARACTER OF THE DUTIES AND RESPONSIBILITIES OF THE POSITION TO WHICH MR. SPANG WAS ASSIGNED SEPTEMBER 16, 1928, AND TO WHICH HE WAS ADMINISTRATIVELY PROMOTED EFFECTIVE NOVEMBER 1, 1928, WERE IDENTICAL IN ALL RESPECTS WITH THE DUTIES AND RESPONSIBILITIES THEN BEING PERFORMED BY OTHER EMPLOYEES UNDER THE BUREAU OF INTERNAL REVENUE, WHICH DUTIES AND RESPONSIBILITIES PREVIOUSLY HAD BEEN FINALLY ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD IN GRADE CAF-3.

SECTION 3 OF THE ORIGINAL CLASSIFICATION ACT OF 1923, DATED MARCH 4, 1923, 42 STAT. 1489, PROVIDES IN PART AS FOLLOWS:

THE BOARD SHALL MAKE ALL NECESSARY RULES AND REGULATIONS NOT INCONSISTENT WITH THE PROVISIONS OF THIS ACT AND PROVIDE SUCH SUBDIVISIONS OF THE GRADES CONTAINED IN SECTION 13 HEREOF AND SUCH TITLES AND DEFINITIONS AS IT MAY DEEM NECESSARY ACCORDING TO THE KIND AND DIFFICULTY OF THE WORK. ITS REGULATIONS SHALL PROVIDE FOR ASCERTAINING AND RECORDING THE DUTIES OF POSITIONS AND THE QUALIFICATIONS REQUIRED OF INCUMBENTS, AND IT SHALL PREPARE AND PUBLISH AN ADEQUATE STATEMENT GIVING (1) THE DUTIES AND RESPONSIBILITIES INVOLVED IN THE CLASSES TO BE ESTABLISHED WITHIN THE SEVERAL GRADES, ILLUSTRATED WHERE NECESSARY BY EXAMPLES OF TYPICAL TASKS, (2) THE MINIMUM QUALIFICATIONS REQUIRED FOR THE SATISFACTORY PERFORMANCE OF SUCH DUTIES AND TASKS, AND (3) THE TITLES GIVEN TO SAID CLASSES. PERFORMING THE FOREGOING DUTIES, THE BOARD SHALL FOLLOW AS NEARLY AS PRACTICABLE THE CLASSIFICATION MADE PURSUANT TO THE EXECUTIVE ORDER OF OCTOBER 24, 1921. THE BOARD MAY FROM TIME TO TIME DESIGNATE ADDITIONAL CLASSES WITHIN THE SEVERAL GRADES AND MAY COMBINE, DIVIDE, ALTER, OR ABOLISH EXISTING CLASSES. DEPARTMENT HEADS SHALL PROMPTLY REPORT THE DUTIES AND RESPONSIBILITIES OF NEW POSITIONS TO THE BOARD. THE BOARD SHALL MAKE NECESSARY ADJUSTMENTS IN COMPENSATION FOR POSITIONS CARRYING MAINTENANCE AND FOR POSITIONS REQUIRING ONLY PART-TIME SERVICE.

WHEN THE PERSONNEL CLASSIFICATION BOARD ISSUED ITS REGULATIONS PRESCRIBING THE RULES AND REGULATIONS UNDER (1), (2), AND (3) OF THIS SECTION OF THE ORIGINAL CLASSIFICATION ACT FOR THE GUIDANCE OF THE ADMINISTRATIVE OFFICES AND FINALLY ALLOCATED ONE OR MORE POSITIONS WITH IDENTICAL DUTIES AND RESPONSIBILITIES, IN A CERTAIN GRADE AND CLASS AND UNDER THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, PURSUANT TO ITS RULES AND REGULATIONS THUS PRESCRIBED, THE SUBMISSION BY THE ADMINISTRATIVE OFFICE OF JOB CLASSIFICATION SHEETS COVERING ADDITIONAL POSITIONS WITH IDENTICAL DUTIES AND RESPONSIBILITIES IN THE SAME GRADE AND CLASS, UNDER THE SAME BUREAU, OFFICE, OR APPROPRIATION UNIT, IS MERELY FOR RECORD PURPOSES AND PRESENTS TO THE BOARD NOTHING NECESSITATING OR REQUIRING ITS ACTION.

THE MATTER OF HOW LARGE A PERSONNEL SHALL BE EMPLOYED IN A BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT IS FOR THE CONSIDERATION OF THE ADMINISTRATIVE OFFICE CONCERNED, THE BUREAU OF THE BUDGET IN CONNECTION WITH ITS RECOMMENDATIONS TO THE PRESIDENT RESPECTING ESTIMATES FOR APPROPRIATIONS, AND THE CONGRESS IN SUPPLYING FUNDS FOR SUCH ADMINISTRATIVE USES. THE FUNCTION OF THE PERSONNEL CLASSIFICATION BOARD HAS BEEN COMPLETED, SO FAR AS IDENTICAL POSITIONS ARE CONCERNED, WHEN IT HAS FINALLY ALLOCATED THE DUTIES OF ONE OF SUCH IDENTICAL POSITIONS, AND THE LAW IMPOSES UPON IT NO RESPONSIBILITY RESPECTING THE NUMBER OF PERSONS NECESSARY IN SUCH POSITIONS TO ENABLE THE ADMINISTRATIVE OFFICE TO PERFORM THE WORK REQUIRED OF IT BY LAW. THAT IS TO SAY, WHEN THE AUTHORIZED WORK OF AN OFFICE UNDER THE GOVERNMENT INCREASES TO SUCH AN EXTENT AS TO NECESSITATE THE EMPLOYMENT OF ADDITIONAL PERSONNEL FOR PERFORMANCE OF DUTIES IDENTICAL WITH THOSE WHICH HAVE ALREADY BEEN FINALLY ALLOCATED, THERE IS NOT INVOLVED THE CREATION OF A NEW POSITION WITHIN THE MEANING OF THE ORIGINAL CLASSIFICATION ACT SUCH AS IS REQUIRED TO BE ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD. FOR INSTANCE, IF IN AN ADMINISTRATIVE OFFICE THERE ARE SIX STENOGRAPHERS ENGAGED UPON A CERTAIN CLASS OF WORK AND THE WORK HAS INCREASED REQUIRING AN ADDITIONAL STENOGRAPHER WHOSE DUTIES AND RESPONSIBILITIES WILL BE IDENTICAL WITH THE OTHER SIX, THERE IS NOT THE CREATION OF A NEW POSITION BUT ONLY OF AN ADDITIONAL POSITION OF A GRADE AND CLASS ALREADY ALLOCATED. NEW POSITIONS WHICH THE ADMINISTRATIVE OFFICES ARE REQUIRED BY THE CLASSIFICATION ACT ABOVE QUOTED TO REPORT TO THE BOARD FOR APPROVAL OF ALLOCATIONS ARE THOSE HAVING DUTIES AND RESPONSIBILITIES WHICH DIFFER FROM EXISTING ALLOCATED POSITIONS IN THE SAME BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT, AND CARE SHOULD BE EXERCISED TO SUBMIT ALL SUCH POSITIONS PROMPTLY FOR ALLOCATION.

THERE HAS NOT BEEN OVERLOOKED THE DECISION OF SEPTEMBER 16, 1925, 5 COMP. GEN. 202, HEREINBEFORE CITED, AND ON THE BASIS OF WHICH THE DISALLOWANCE WAS MADE. SAID DECISION WAS INTENDED TO REFER PRIMARILY TO THE CREATION OF POSITIONS HAVING DUTIES SIMILAR TO BUT DIFFERING FROM EXISTING POSITIONS. IT IS UNDERSTOOD THAT THAT DECISION HAS BEEN TOO BROADLY APPLIED AND THAT A PRACTICE HAS GROWN UP OF ADMINISTRATIVE OFFICES SUBMITTING A DESCRIPTION OF DUTIES AND RESPONSIBILITIES IN ALL CASES WHEN EITHER NEW OR ADDITIONAL POSITIONS ARE TO BE FILLED. IF SO, THE PRACTICE WITH RESPECT TO ADDITIONAL POSITIONS, AS DISTINGUISHED FROM NEW POSITIONS, SHOULD NO LONGER BE FOLLOWED.

THIS DECISION WILL BE EFFECTIVE FROM AND AFTER ITS DATE AND IS NOT TO BE REGARDED AS AUTHORITY FOR CHANGING THE PAY STATUS OF EMPLOYEES HERETOFORE PAID IN ACCORDANCE WITH THE PRACTICE HERETOFORE OBTAINING.