A-32589, JULY 16, 1930, 10 COMP. GEN. 20

A-32589: Jul 16, 1930

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IS TO GRANT TO ALL EMPLOYEES WITHIN THE GRADES MENTIONED IN THE STATUTE WHO WERE ADVANCED LESS THAN TWO STEPS OR SALARY RATES EFFECTIVE JULY 1. ARE BOTH WITHIN THOSE MENTIONED IN THE ACT. WHERE AN EMPLOYEE ENTITLED TO THE BENEFITS OF THE BROOKHART SALARY ACT WAS ON JULY 3. THE EMPLOYEE IS. EVEN THOUGH THE INCREASE SHALL BE MORE OR LESS THAN THE AMOUNT OF THE INCREASE WHICH WOULD HAVE BEEN RECEIVED HAD THE EMPLOYEE RECEIVED AN ADDITIONAL STEP OR SALARY RATE ON JULY 1. ALL PER-HOUR EMPLOYEES WHOSE POSITIONS ARE IN GRADES 1. ARE ENTITLED TO AN INCREASE IN COMPENSATION AT THE RATE OF 5 CENTS PER HOUR UNDER THE PROVISIONS OF THE ACT OF JULY 3. NOTWITHSTANDING THE EMPLOYEE MAY HAVE RECEIVED AN EFFICIENCY PROMOTION BETWEEN JUNE 30.

A-32589, JULY 16, 1930, 10 COMP. GEN. 20

CLASSIFICATION OF CIVILIAN EMPLOYEES - ADJUSTMENT UNDER BROOKHART SALARY ACT THE CLEAR INTENT AND PURPOSE OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, EFFECTIVE FROM AND AFTER ITS DATE, CONSIDERED AS A WHOLE, IS TO GRANT TO ALL EMPLOYEES WITHIN THE GRADES MENTIONED IN THE STATUTE WHO WERE ADVANCED LESS THAN TWO STEPS OR SALARY RATES EFFECTIVE JULY 1, 1928, IN THE GRADE HELD JUNE 30, 1928, SOLELY BY REASON OF THE PROVISIONS OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD JULY 3, 1930, NOTWITHSTANDING ANY CHANGE IN STATUS BY PROMOTION, DEMOTION, ALLOCATION, REALLOCATION, TRANSFER, REINSTATEMENT, OR OTHERWISE--- WHETHER WITHIN THE SAME GRADE OR FROM ONE GRADE TO ANOTHER WITHIN THE GRADE SPECIFIED--- WHICH OCCURRED IN THE INTERVAL BETWEEN JUNE 30, 1928, AND JULY 3, 1930, PROVIDED ONLY, THAT THE GRADES HELD JUNE 30, 1928, AND THE GRADES HELD JULY 3, 1930, ARE BOTH WITHIN THOSE MENTIONED IN THE ACT. WHERE AN EMPLOYEE ENTITLED TO THE BENEFITS OF THE BROOKHART SALARY ACT WAS ON JULY 3, 1930, IN A HIGHER OR LOWER GRADE THAN THAT HELD JUNE 30, 1928, IN WHICH THE STEPS OR SALARY RATES DIFFER IN AMOUNT FROM THOSE IN THE GRADE HELD JUNE 30, 1928, THE EMPLOYEE IS, NEVERTHELESS, ENTITLED TO AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD JULY 3, 1930, EVEN THOUGH THE INCREASE SHALL BE MORE OR LESS THAN THE AMOUNT OF THE INCREASE WHICH WOULD HAVE BEEN RECEIVED HAD THE EMPLOYEE RECEIVED AN ADDITIONAL STEP OR SALARY RATE ON JULY 1, 1928, IN THE GRADE HELD JUNE 30, 1928. ALL PER-HOUR EMPLOYEES WHOSE POSITIONS ARE IN GRADES 1, 2, AND 3 OF THE CLERICAL-MECHANICAL SERVICE, ARE ENTITLED TO AN INCREASE IN COMPENSATION AT THE RATE OF 5 CENTS PER HOUR UNDER THE PROVISIONS OF THE ACT OF JULY 3, 1930, 46 STAT. 1003, EFFECTIVE FROM AND AFTER ITS DATE, NOTWITHSTANDING THE EMPLOYEE MAY HAVE RECEIVED AN EFFICIENCY PROMOTION BETWEEN JUNE 30, 1928, AND JULY 3, 1930. THE APPLICATION OF THE ADMINISTRATIVE PROVISIONS IN THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, REQUIRING AUTOMATIC ADJUSTMENTS IN SALARY RATES OF CERTAIN EMPLOYEES EFFECTIVE JULY 3, 1930, IS MANDATORY IN THOSE FIELD SERVICES COMING WITHIN THE PURVIEW OF THE ACT.

COMPTROLLER GENERAL MCCARL TO THE PRESIDENT OF THE UNITED STATES CIVIL SERVICE COMMISSION, JULY 16, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 11, 1930, REQUESTING DECISION OF A NUMBER OF QUESTIONS ARISING UNDER THE PROVISIONS OF THE ACT OF JULY 3, 1930, PUBLIC NO. 523, 46 STAT. 1003, AMENDING THE CLASSIFICATION ACT OF 1923, AS AMENDED.

THE ACT OF JULY 3, 1930, CITED, KNOWN AS THE BROOKHART SALARY ACT, AMENDS SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED BY THE ACT OF MAY 28, 1928, 45 STAT. 776, KNOWN AS THE WELCH ACT, BY PROVIDING AN ADDITIONAL SALARY RATE AT THE TOP OF GRADES 1 TO 5, INCLUSIVE, IN THE PROFESSIONAL AND SCIENTIFIC SERVICE; IN ALL OF THE GRADES IN THE SUBPROFESSIONAL SERVICE; IN GRADES 1 TO 12, INCLUSIVE, IN THE CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE, AND IN GRADES 4 TO 10, INCLUSIVE, IN THE CUSTODIAL SERVICE, AND INCREASES THE PER HOUR RATES OF COMPENSATION FOR CHARWOMEN WORKING PART TIME WHOSE POSITIONS ARE IN GRADE 2 OF THE CUSTODIAL SERVICE AND FOR POSITIONS IN GRADES 1 TO 3, INCLUSIVE, OF THE CLERICAL-MECHANICAL SERVICE. THE ACT FURTHER PROVIDES AS FOLLOWS:

THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT WHOSE DUTY IT IS TO CARRY INTO EFFECT THE PROVISIONS OF THIS ACT ARE HEREBY DIRECTED TO SO ADMINISTER THE SAME THAT EMPLOYEES WHOSE POSITIONS ARE IN THE GRADES AFFECTED HEREBY, WHO WERE IN SAID POSITIONS ON JUNE 30, 1928, AND WHO, UNDER THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673), DID NOT RECEIVE AN INCREASE IN SALARY THE EQUIVALENT OF TWO STEPS OR SALARY RATES IN THEIR RESPECTIVE GRADES SHALL BE GIVEN SUCH ADDITIONAL STEP OR STEPS OR SALARY RATE OR RATES, WITHIN THE GRADE, AS MAY BE NECESSARY TO EQUAL SUCH INCREASE: PROVIDED, THAT NOTHING HEREIN SHALL PREVENT OR OPERATE TO REVOKE THE PROMOTION OR ALLOCATION FOR AN EMPLOYEE TO A HIGHER SALARY RATE OR GRADE: PROVIDED FURTHER, THAT NOTHING CONTAINED IN THIS ACT SHALL OPERATE TO DECREASE THE PAY OF ANY PRESENT EMPLOYEE, NOR DEPRIVE ANY EMPLOYEE OF ANY ADVANCEMENT AUTHORIZED BY LAW AND FOR WHICH FUNDS ARE AVAILABLE.

SEC. 2. THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS ARE AUTHORIZED AND DIRECTED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673), AND BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA: *

THE PROVISION FIRST ABOVE QUOTED SPECIFICALLY LIMITS THE INCREASES PROVIDED FOR TO EMPLOYEES WHO WERE IN CERTAIN POSITIONS ON JULY 3, 1930, THE DATE OF THE ACT, AND WHO WERE IN SAID POSITIONS ON JUNE 30, 1928. THE WORDS "SAID POSITIONS" REFER TO POSITIONS IN ANY OF THE "GRADES AFFECTED HEREBY; " THAT IS, THE GRADES PREVIOUSLY MENTIONED IN THE STATUTE TO WHICH ADDITIONAL STEPS ARE ADDED OR THE SALARY RATES OF WHICH OTHERWISE ARE INCREASED. THEREFORE, ONLY THOSE OFFICERS AND EMPLOYEES ARE ENTITLED TO THE BENEFITS OF THE ACT WHO, ON JUNE 30, 1928, AND, ALSO, ON JULY 3, 1930, DATE OF THE APPROVAL OF THE ACT, OCCUPIED POSITIONS WITHIN THE ABOVE- MENTIONED GRADES. THE WORDS "TWO STEPS OR SALARY RATES IN THEIR RESPECTIVE GRADES" REFER TO THE AMOUNT OF THE NEXT TWO SUCCESSIVE STEPS OR SALARY RATES ABOVE THAT HELD BY THE EMPLOYEE IN THE GRADE JUNE 30, 1928, AND NOT THE STEPS OR SALARY RATES AS FIXED BY THE AMENDATORY WELCH ACT EFFECTIVE JULY 1, 1928, OR BY THIS AMENDATORY BROOKHART ACT. SEE IN THIS CONNECTION DECISION OF JUNE 2, 1928, 7 COMP. GEN. 760.

THERE ARE TWO SEPARATE AND DISTINCT SAVING CLAUSES CONTAINED IN TWO SEPARATE AND DISTINCT PROVISOS HEREINBEFORE QUOTED, EVIDENTLY INTENDED TO COVER TWO SEPARATE AND DISTINCT SITUATIONS. SINCE THE SECOND PROVISO CONSTITUTES SPECIFICALLY A SAVING CLAUSE AGAINST LOSS OF SALARY OR AUTHORIZED ADVANCEMENT OF ANY PRESENT EMPLOYEE, THE FIRST PROVISO CLEARLY INTENDS SOMETHING IN ADDITION, TO WIT, TO SAVE TO EMPLOYEES AFFECTED THE BENEFITS OF ANY "PROMOTION OR ALLOCATION FOR AN EMPLOYEE TO A HIGHER SALARY RATE OR GRADE" AND TO REQUIRE ADJUSTMENTS IN SALARY RATES UNDER THE TERMS OF THE AMENDATORY BROOKHART STATUTE NOTWITHSTANDING, AND IN ADDITION TO INCREASES, IF ANY, WHICH RESULTED FROM PROMOTION OR ALLOCATION. THE WORD "PROMOTION" IN THE FIRST PROVISO APPARENTLY HAS BEEN USED IN ITS BROADEST SENSE AND REFERS TO BOTH "SALARY RATE OR GRADE; " THAT IS,"PROMOTION" AS HERE USED MEANS ANY ADVANCEMENT BY ADMINISTRATIVE ACTION EITHER IN SALARY RATE IN THE SAME GRADE OR FROM ONE GRADE TO ANOTHER. THE WORD "ALLOCATION" EVIDENTLY WAS INTENDED TO HAVE HERE THE WELL DEFINED MEANING THAT HAS BECOME ATTACHED TO SAID TERM IN THE ADMINISTRATION OF THE CLASSIFICATION ACT, AND INCLUDES ANY ALLOCATION OR REALLOCATION OF THE POSITIONS OCCUPIED BY THE EMPLOYEES ON JUNE 30, 1928, AND JULY 3, 1930, PROVIDED SAID POSITIONS ARE WITHIN THE GRADES MENTIONED IN THE BROOKHART ENACTMENT.

IT WOULD SEEM TO BE THE CLEAR INTENT AND PURPOSE OF THIS BROOKHART ACT, CONSIDERED AS A WHOLE, TO GRANT TO ALL EMPLOYEES WITHIN THE GRADES INVOLVED WHO WERE ADVANCED LESS THAN TWO STEPS OR SALARY RATES EFFECTIVE JULY 1, 1928, IN THE GRADE HELD JUNE 30, 1928, SOLELY BY REASON OF THE PROVISIONS OF THE WELCH ACT OF MAY 28, 1928, AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD JULY 3, 1930, NOTWITHSTANDING ANY CHANGE IN STATUS BY PROMOTION, DEMOTION, ALLOCATION, REALLOCATION, TRANSFER, REINSTATEMENT, OR OTHERWISE--- EITHER WITHIN THE SAME GRADE OR FROM ONE GRADE TO ANOTHER WITHIN THE GRADES SPECIFIED--- WHICH OCCURRED IN THE INTERVAL BETWEEN JUNE 30, 1928, AND JULY 3, 1930, PROVIDED, ONLY, THAT THE GRADES HELD JUNE 30, 1928, AND THE GRADES HELD ON JULY 3, 1930, ARE BOTH WITHIN THOSE MENTIONED IN THE ACT.

WHERE AN EMPLOYEE ENTITLED TO THE BENEFITS OF THE STATUTE WAS ON JULY 3, 1930, IN A HIGHER OR LOWER GRADE THAN THE EMPLOYEE HELD JUNE 30, 1928, IN WHICH THE STEPS OR SALARY RATES DIFFER IN AMOUNT FROM THOSE IN THE GRADE HELD JUNE 30, 1928, THE EMPLOYEE IS NEVERTHELESS ENTITLED TO AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD JULY 3, 1930, EVEN THOUGH THE INCREASE SHALL BE MORE OR LESS THAN THE AMOUNT OF THE INCREASE WHICH WOULD HAVE BEEN RECEIVED HAD THE EMPLOYEE RECEIVED AN ADDITIONAL STEP OR SALARY RATE ON JULY 1, 1928, IN THE GRADE HELD JUNE 30, 1928.

THE STATUS OF ALL EMPLOYEES ON DETAIL JUNE 30, 1928, AND/OR ON JULY 3, 1930, SHALL BE CONSIDERED AS IN THEIR REGULAR POSITIONS FROM WHICH DETAILED FOR THE PURPOSE OF APPLYING THE PROVISIONS OF THIS AMENDATORY STATUTE.

THE ADJUSTMENTS IN COMPENSATION AUTHORIZED AND REQUIRED BY THE PROVISIONS OF THIS AMENDATORY ACT ARE NOT TO BE DENIED OR WITHHELD BY REASON OF THE AVERAGE PROVISION APPEARING IN THE ANNUAL APPROPRIATION ACTS.

THE REGULAR APPROPRIATIONS FOR PERSONNEL FOR THE CURRENT FISCAL YEAR ARE AVAILABLE FOR PAYMENT OF THE INCREASES IN COMPENSATION AUTHORIZED AND REQUIRED BY THE PROVISIONS OF THIS ACT. IF THE REGULAR APPROPRIATION IS INSUFFICIENT, EACH OF THE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS AFFECTED SHOULD SUBMIT TO THE CONGRESS THROUGH THE BUREAU OF THE BUDGETAN ESTIMATE FOR SUCH DEFICIENCY APPROPRIATIONS FOR THE CURRENT FISCAL YEAR AS MAY BE NECESSARY TO COVER THE INCREASES AUTHORIZED BY THIS ACT, AND, OF COURSE, THE ESTIMATES FOR THE FISCAL YEAR 1932 ALSO SHOULD BE ADJUSTED TO PROVIDE FOR SAID INCREASES.

THE SPECIFIC QUESTIONS SUBMITTED ARE STATED AND ANSWERED AS FOLLOWS:

1. WHAT IS THE EFFECTIVE DATE OF SALARY INCREASES PROVIDED FOR IN THE BROOKHART ACT?

IN THE ABSENCE OF ANY OTHER EFFECTIVE DATE HAVING BEEN FIXED IN THE ACT, JULY 3, 1930, THE DATE OF ITS APPROVAL, IS THE EFFECTIVE DATE.

2. ASSUMING THAT AN EMPLOYEE WAS ON JULY 1, 1928, OCCUPYING A POSITION AFFECTED BY THE WELCH ACT UNDER WHICH HE RECEIVED ONLY ONE SALARY STEP INCREASE WOULD BE ENTITLED TO A FURTHER INCREASE UNDER THE BROOKHART ACT UNDER THE FOLLOWING CONDITIONS:

(A) WHEN HE HAS HAD AN ADMINISTRATIVE INCREASE IN SALARY IN THE SAME GRADE ON OR SUBSEQUENT TO JULY 1, 1928?

(B) WHEN HE HAS HAD AN INCREASE IN GRADE OR GRADES, WITH OR WITHOUT CHANGE OF SALARY, EITHER BY SUBMISSION OF A CLASSIFICATION SHEET INVOLVING CHANGED DUTIES OR BY APPEAL WITH OR WITHOUT CHANGED DUTIES?

(C) WHEN HE HAS HAD AN INCREASE IN SALARY FROM BELOW TO ABOVE THE MINIMUM OF THE NEW SALARY RANGE, FOR EXAMPLE:

WHEN A CAF-5 OR P-1 EMPLOYEE WAS INCREASED FROM $1,920 TO $2,100 ON JULY 1, 1928?

(D) WHEN HE HAS HAD A REDUCTION IN GRADE OR SALARY OR BOTH UNDER PROVISIONS OF SECTION 9 OF THE CLASSIFICATION ACT OF 1923?

(E) WHEN HE HAS HAD A REDUCTION IN GRADE WITH OR WITHOUT CHANGE OF SALARY BY REASON OF CHANGE IN DUTIES OR BY RECLASSIFICATION OF THE SAME DUTIES?

THIS QUESTION WILL BE ANSWERED ON THE ASSUMPTION THAT THE EMPLOYEE WAS IN THE SERVICE ON JULY 3, 1930, IN ONE OF THE GRADES SPECIFIED IN THE ACT OF SAID DATE.

(A) YES.

(B) YES.

(C) NO. IN THE ILLUSTRATION GIVEN THE INCREASE FROM $1,920 TO $2,100, OR $180, IS THE AMOUNT OF THE NEXT TWO SUCCESSIVE STEPS IN SAID GRADES JUNE 30, 1928, AND AS THEY WERE RECEIVED AUTOMATICALLY JULY 1, 1928, SOLELY BY REASON OF THE PROVISIONS OF THE WELCH ACT OF MAY 28, 1928, NO ADDITIONAL STEP OR SALARY RATE IS AUTHORIZED UNDER THE TERMS OF THE BROOKHART AMENDATORY ACT. NO PERSON WHO RECEIVED, UNDER THE WELCH ACT,AN INCREASE EQUAL TO TWO STEPS AS THEY EXISTED JUNE 30, 1928, IS ENTITLED TO AN INCREASE UNDER THE BROOKHART ACT.

(D) YES; THE INCREASE TO BE ONE STEP IN THE GRADE HELD ON JULY 3, 1930.

(E) YES; SAME AS UNDER (D).

3. IF AN EMPLOYEE IN GRADE P-4 OR CAF-11 AT $4,800 PER ANNUM WAS BY THE WELCH ACT PLACED IN GRADE P-5 OR CAF-12 AT $5,000, WOULD HE RECEIVE AN ADDITIONAL STEP?

YES; BECAUSE THE INCREASE WAS THE EQUIVALENT OF ONLY ONE STEP AS THE STEPS EXISTED UNDER GRADES P-4 AND CAF-11 ON JUNE 30, 1928.

4. IF AN EMPLOYEE WHO SUBSEQUENT TO JULY 1, 1928, BECAME SEPARATED FROM THE SERVICE AND WAS LATER REINSTATED IN THE SAME OR ANOTHER DEPARTMENT, WOULD HE RECEIVE AN ADDITIONAL STEP---

(A) IN THE SAME GRADE WITH SAME RATE OF COMPENSATION?

(B) IN THE SAME GRADE WITH LOWER RATE OF COMPENSATION?

(C) IN A LOWER GRADE WITH SAME OR DIFFERENT COMPENSATION?

(D) IN A HIGHER GRADE WITH SAME OR DIFFERENT COMPENSATION?

ASSUMING THAT THE EMPLOYEE WAS, ON JUNE 30, 1928, IN A POSITION WITHIN ONE OF THE GRADES MENTIONED IN THIS ACT, THAT HE WAS ADVANCED ONLY ONE STEP UNDER THE WELCH ACT, AND THAT, ON JULY 3, 1930, HE WAS IN A POSITION WITHIN ONE OF THE GRADES AFFECTED BY THIS ACT, EACH OF THE FOUR SUBDIVISIONS OF THIS QUESTION IS ANSWERED IN THE AFFIRMATIVE.

5. IF AN EMPLOYEE WAS TRANSFERRED SUBSEQUENT TO JULY 1, 1928, FROM ONE DEPARTMENT OR INDEPENDENT ESTABLISHMENT TO ANOTHER DEPARTMENT OR INDEPENDENT ESTABLISHMENT, OR WITHIN THE SAME DEPARTMENT OR ESTABLISHMENT, WOULD HE RECEIVE THE ADDITIONAL STEP---

(A) IN THE SAME GRADE WITH SAME RATE OF COMPENSATION?

(B) IN THE SAME GRADE WITH LOWER RATE OF COMPENSATION?

(C) IN LOWER GRADE WITH SAME OR DIFFERENT COMPENSATION?

(D) IN A HIGHER GRADE WITH SAME OR DIFFERENT COMPENSATION?

THIS QUESTION IS ANSWERED THE SAME AS QUESTION 4.

6. DO EMPLOYEES WHO RECEIVED ONE SALARY STEP INCREASE JULY 1, 1928, AND WHO HAVE SINCE BEEN ADVANCED TO A HIGHER GRADE RECEIVE A ONE SALARY STEP INCREASE UNDER ANY OF THE FOLLOWING CIRCUMSTANCES:

(A) WHERE HE RECEIVED A $60 INCREASE UNDER THE WELCH ACT AND HAS SINCE BEEN ADVANCED TO A HIGHER GRADE HAVING $100 STEPS?

(B) WHERE HE RECEIVED A $100 INCREASE UNDER THE WELCH ACT AND HAS SINCE BEEN ADVANCED TO A GRADE HAVING $200 STEPS?

(C) WHERE HE HAS BEEN ADVANCED TO A HIGHER GRADE, BUT HIS PRESENT SALARY DOES NOT EXCEED THE SALARY LIMIT OF THE GRADE FROM WHICH PROMOTED?

(A) YES, (B) YES, (C) YES.

7. PRIOR TO JULY 1, 1928, THE ENTRANCE SALARY OF CAF-5 AND P-1 WAS $1,860 PER ANNUM. WOULD EMPLOYEES WHO WERE INCREASED FROM $1,860 TO THE NEW MINIMUM OF $2,000 BE ELIGIBLE FOR INCREASE ONE SALARY STEP?

NO. SEE ANSWERS TO QUESTION 2 (C).

8. RATES OF COMPENSATION FOR CLASSES OF POSITIONS IN GRADE 1, 2, AND 3 OF THE CLERICAL-MECHANICAL SERVICE ARE INCREASED 5 CENTS AN HOUR BY THE ACT APPROVED JULY 3, 1930. UNDER THE WELCH ACT ALL POSITIONS IN THESE THREE GRADES RECEIVED A FLAT INCREASE OF 5 CENTS AN HOUR. SINCE THE ACT APPROVED JULY 3, 1930, WAS APPARENTLY PRIMARILY INTENDED TO PROVIDE A SECOND PROMOTION STEP FOR THOSE WHO RECEIVED ONLY ONE UNDER THE WELCH ACT, IS THE INCREASE OF 5 CENTS AN HOUR PROVIDED IN THE ACT OF JULY 3, 1930, TO BE CONSTRUED AS A SECOND STEP INCREASE FOR THE PERSONNEL IN THE GRADES REFERRED TO AND MUST ALL IN THOSE GRADES BE GIVEN A FLAT INCREASE OF 5 CENTS AN HOUR REGARDLESS OF WHETHER THEY HAVE RECEIVED AN EFFICIENCY PROMOTION SINCE THE PASSAGE OF THE WELCH ACT? NO DEFINITE SALARY "STEPS" ARE PROVIDED IN THE LAW. YES.

9. ARE EMPLOYEES WHOSE COMPENSATION ON JUNE 30, 1928, WAS ABOVE THE AVERAGE IN A GRADE (FOR EXAMPLE, GRADE CU-4) AND WHO RECEIVED TWO-STEP INCREASES ON JULY 1, 1928, ENTITLED TO AN ADDITIONAL STEP UNDER THE ACT APPROVED JULY 3, 1930, EMPLOYEES IN THE THREE LOWER STEPS OF THE GRADE HAVING RECEIVED THREE-STEP INCREASES?

NO. THESE EMPLOYEES RECEIVED MORE THAN ONE STEP JULY 1, 1928, SOLELY BY REASON OF THE PROVISIONS OF THE ACT OF MAY 28, 1928, AND THE BENEFITS OF THE PRESENT STATUTE ARE LIMITED TO THOSE WHO DID NOT RECEIVE "THE EQUIVALENT OF TWO STEPS" JULY 1, 1928.

10. ARE THE PROVISIONS OF THE BROOKHART ACT MANDATORY AS TO THE FIELD SERVICE?

YES.SECTION 2 OF THE STATUTE USES THE WORDS "AUTHORIZED AND DIRECTED" WITH RESPECT TO THE DUTY OF THE ADMINISTRATIVE OFFICERS IN ADJUSTING SALARY RATES IN THE FIELD SERVICES.