A-31808, JUNE 3, 1930, 9 COMP. GEN. 501

A-31808: Jun 3, 1930

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TURK WAS APPOINTED CLERK IN THE COLLECTOR'S OFFICE AT NEW YORK ON NOVEMBER 20. WAS PROMOTED TO STOREKEEPER ON APRIL 3. WAS ALSO CONTINUOUS. THE DUTIES OF THE POSITION OF LIQUIDATOR ARE PRIMARILY CLERICAL IN NATURE AND NEW EMPLOYEES ENTERING THE SERVICE AS LIQUIDATOR CAN NOT BE PAID MORE THAN $1. THE PARAMOUNT DUTIES OF STOREKEEPER ARE NOT CLERICAL IN NATURE AND IT THEREFORE IS NOT PRACTICABLE UNDER YOUR DECISION 24392 OF JULY 17. IT IS BELIEVED THAT ALL REQUIREMENTS HAVE BEEN MET AND THAT HIS SERVICE AS STOREKEEPER SHOULD NOT BAR HIS TRANSFER TO LIQUIDATOR AT HIS PRESENT SALARY. ARE REQUESTED TO FURNISH A DECISION AS TO WHETHER MR. TURK IS ELIGIBLE FOR TRANSFER TO LIQUIDATOR AT $2. IT WAS HELD.

A-31808, JUNE 3, 1930, 9 COMP. GEN. 501

COMPENSATION - AUTOMATIC PROMOTION - CUSTOMS SERVICE AN EMPLOYEE HOLDING A NONCLERICAL POSITION IN THE CUSTOMS SERVICE WHO HAD SERVED FOUR YEARS OR MORE CONTINUOUSLY IN A CLERICAL POSITION AT ANY TIME PRIOR TO APPOINTMENT, TRANSFER, OR PROMOTION TO THE NONCLERICAL POSITION, MAY BE APPOINTED, TRANSFERRED, OR PROMOTED FROM THE NONCLERICAL POSITION TO A CLERICAL POSITION AT A SALARY RATE IN EXCESS OF THE MAXIMUM OF $2,100 PER ANNUM FIXED FOR THE AUTOMATIC SALARY GRADES FOR CUSTOMS CLERKS. COMP. GEN. 198 AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, JUNE 3, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF MAY 10, 1930, AS FOLLOWS:

THE COLLECTOR OF CUSTOMS, NEW YORK, N.Y., HAS RECOMMENDED THE TRANSFER OF WILLIAM TURK, STOREKEEPER, CAF-6, $2,600 PER ANNUM, REIMBURSABLE, TO A VACANCY IN THE POSITION OF LIQUIDATOR, CAF-7, $2,600 PER ANNUM, WHICH HAS BEEN ADMINISTRATIVELY ALLOCATED UNDER THE AUTHORITY OF THE ACT APPROVED DECEMBER 6, 1924.

MR. TURK WAS APPOINTED CLERK IN THE COLLECTOR'S OFFICE AT NEW YORK ON NOVEMBER 20, 1920; WAS PROMOTED TO STOREKEEPER ON APRIL 3, 1928; AND HAS SERVED CONTINUOUSLY AS STOREKEEPER FROM THE LATTER DATE UP TO THE PRESENT TIME. HIS SERVICE AS CLERK FROM 1920 TO 1928, PRIOR TO HIS TRANSFER TO STOREKEEPER, WAS ALSO CONTINUOUS.

THE DUTIES OF THE POSITION OF LIQUIDATOR ARE PRIMARILY CLERICAL IN NATURE AND NEW EMPLOYEES ENTERING THE SERVICE AS LIQUIDATOR CAN NOT BE PAID MORE THAN $1,700 PER ANNUM, UNDER THE PROVISIONS OF THE ACT APPROVED MAY 29, 1928 (BACHARACH ACT), AS INTERPRETED BY YOU. THE PARAMOUNT DUTIES OF STOREKEEPER ARE NOT CLERICAL IN NATURE AND IT THEREFORE IS NOT PRACTICABLE UNDER YOUR DECISION 24392 OF JULY 17, 1929, TO GIVE CREDIT FOR STOREKEEPER SERVICE IN FIXING THE PAY OF CLERKS UNDER THE BACHARACH ACT.

IN VIEW OF THE FACT THAT MR. TURK COMPLETED MORE THAN FOUR YEARS CONTINUOUS SATISFACTORY SERVICE AS CLERK IN THE CUSTOMS SERVICE PRIOR TO HIS TRANSFER TO STOREKEEPER, AND THAT HIS EMPLOYMENT IN THE CUSTOMS SERVICE HAS BEEN CONTINUOUS, IT IS BELIEVED THAT ALL REQUIREMENTS HAVE BEEN MET AND THAT HIS SERVICE AS STOREKEEPER SHOULD NOT BAR HIS TRANSFER TO LIQUIDATOR AT HIS PRESENT SALARY. YOU, THEREFORE, ARE REQUESTED TO FURNISH A DECISION AS TO WHETHER MR. TURK IS ELIGIBLE FOR TRANSFER TO LIQUIDATOR AT $2,600 PER ANNUM UNDER YOUR INTERPRETATION OF THE BACHARACH ACT.

IN DECISION DATED JULY 17, 1929, A-24392, IT WAS HELD, BASED ON AN ADMINISTRATIVE REPORT AS TO DUTIES, ETC., THAT STOREKEEPERS MIGHT BE CONSIDERED AS CLERKS WITHIN THE MEANING OF THE CUSTOMS CLASSIFICATION ACT OF MAY 29, 1928, 45 STAT. 955. IT IS NOW UNDERSTOOD FROM YOUR PRESENT SUBMISSION THAT THE PARAMOUNT DUTIES OF STOREKEEPERS ARE NOT CLERICAL IN NATURE, AND, ACCORDINGLY, THAT STOREKEEPERS HAVE NOT BEEN ADMINISTRATIVELY CONSIDERED AS CLERKS. ON THAT BASIS THE ACT OF MAY 29, 1928, SUPRA, IS NOT APPLICABLE TO THE POSITION OF STOREKEEPER. IT IS UNDERSTOOD FROM YOUR LETTER THAT THE POSITION OF LIQUIDATOR HAS BEEN ADMINISTRATIVELY CONSIDERED AS CLERICAL IN CHARACTER. THE STATUTE WILL BE APPLIED ACCORDINGLY.

THE QUESTION PRESENTED IS WHETHER AN EMPLOYEE WHO HAS SERVED FOUR YEARS OR MORE CONTINUOUSLY IN A CLERICAL POSITION PRIOR TO APPOINTMENT, TRANSFER, OR PROMOTION TO A NONCLERICAL POSITION, MAY BE APPOINTED, TRANSFERRED, OR PROMOTED FROM THE NONCLERICAL POSITION TO A CLERICAL POSITION AT A SALARY RATE IN EXCESS OF THE MAXIMUM OF $2,100 PER ANNUM FIXED FOR THE AUTOMATIC SALARY GRADES OF CUSTOMS CLERKS.

IN DECISION OF NOVEMBER 9, 1929, 9 COMP. GEN. 198, IT WAS HELD AS FOLLOWS, QUOTING FROM THE SYLLABUS:

ON AND AFTER JULY 1, 1928, $2,100 PER ANNUM IS THE MAXIMUM SALARY RATE AUTHORIZED FOR CUSTOMS CLERKS IN THE FIELD SERVICE WHO HAVE HAD NOT MORE THAN FOUR YEARS' CONTINUOUS SATISFACTORY SERVICE. HIGHER RATES "IN ACCORDANCE WITH EXISTING LAW" ARE AUTHORIZED UNDER THE TERMS OF SECTION 3 OF THE CUSTOMS CLASSIFICATION ACT OF MAY 29, 1928, 45 STAT. 955, IN CLERICAL POSITIONS ONLY FOR CLERKS HAVING HAD MORE THAN FOUR YEARS' CONTINUOUS SATISFACTORY SERVICE, OR IN POSITIONS NOT CLERICAL IN CHARACTER, SUBJECT TO THE USUAL LIMITATIONS AS TO INITIAL SALARIES, FOR CLERKS HAVING HAD ANY NUMBER OF YEARS' SERVICE.

IT WOULD APPEAR THAT THE PURPOSE OF THE CUSTOMS CLASSIFICATION ACT AS TO CLERICAL POSITIONS WAS TO REQUIRE AT LEAST FOUR YEARS' CONTINUOUS SERVICE IN THE AUTOMATIC GRADES BEFORE THE EMPLOYEES ARE ELIGIBLE FOR APPOINTMENT, TRANSFER, OR PROMOTION, UNDER THE TERMS OF SECTION 3 OF THE ACT, TO CLERICAL POSITIONS WITH SALARY RATES FIXED "IN ACCORDANCE WITH EXISTING LAW" AT RATES HIGHER THAN $2,100 PER ANNUM. THIS PURPOSE WOULD BE FULFILLED IF THE EMPLOYEE HAD AT ANY TIME PRIOR TO THE APPOINTMENT, TRANSFER, OR PROMOTION TO THE HIGHER GRADE SERVED FOUR YEARS CONTINUOUSLY IN A CLERICAL POSITION, EVEN THOUGH IN A NONCLERICAL POSITION AT THE TIME OF THE APPOINTMENT, TRANSFER, OR PROMOTION, PROVIDED ALSO, THAT THE ENTIRE CUSTOMS SERVICE OF THE EMPLOYEE HAD BEEN CONTINUOUS.

IN THIS CASE IT APPEARS THAT WILLIAM TURK SERVED AS A CUSTOMS CLERK CONTINUOUSLY FOR OVER SEVEN YEARS AND THAT HIS ENTIRE SERVICE HAS BEEN CONTINUOUS. YOU ARE ADVISED THEREFORE THAT THE PROPOSED TRANSFER IS AUTHORIZED.