A-32748, JULY 31, 1930, 10 COMP. GEN. 47

A-32748: Jul 31, 1930

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CLASSIFICATION OF CIVILIAN EMPLOYEES - JURISDICTION OF PERSONNEL CLASSIFICATION BOARD - BROOKHART SALARY ACT THERE IS NO AUTHORITY IN THE PERSONNEL CLASSIFICATION BOARD. HAVE BEEN TRANSFERRED TO A GRADE CREATED BY THE PERSONNEL CLASSIFICATION BOARD WITHOUT AUTHORITY OF LAW. ARE ENTITLED TO AN ADDITIONAL STEP OR SALARY RATE EFFECTIVE JULY 3. AS FOLLOWS: IN ACCORDANCE WITH THE POWERS VESTED IN THE PERSONNEL CLASSIFICATION BOARD BY SECTION 4 OF THE CLASSIFICATION ACT OF 1923 A NEW GROUP OF POSITIONS KNOWN AS THE MONOTYPE-OPERATION GROUP WAS ADDED BY THAT BOARD ON APRIL 15. THE POSITIONS IN THIS NEW GROUP ARE MONOTYPE CASTERMAN. TO THE ABOVE NEW GROUP OF POSITIONS TWO EMPLOYEES OF THIS DEPARTMENT WERE TRANSFERRED ON MARCH 1.

A-32748, JULY 31, 1930, 10 COMP. GEN. 47

CLASSIFICATION OF CIVILIAN EMPLOYEES - JURISDICTION OF PERSONNEL CLASSIFICATION BOARD - BROOKHART SALARY ACT THERE IS NO AUTHORITY IN THE PERSONNEL CLASSIFICATION BOARD, UNDER THE TERMS OF THE ORIGINAL CLASSIFICATION ACT OF 1923, OR AS AMENDED, TO CREATE NEW GRADES OR CLASSES OF POSITIONS, SUCH AS ,MONOTYPE KEYBOARD OPERATOR" AND "MONOTYPE CASTERMAN," EACH WITH A RANGE OF COMPENSATION NOT WITHIN THE RANGE PRESCRIBED IN THE CLASSIFICATION ACT OF 1923, AS AMENDED, FOR ANY GRADE OR CLASS. EMPLOYEES WHO RECEIVED ONLY ONE STEP OR SALARY RATE ON JULY 1, 1928, UNDER THE PROVISIONS OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, IN THE GRADE HELD JUNE 30, 1928, AND WHO, SUBSEQUENTLY, HAVE BEEN TRANSFERRED TO A GRADE CREATED BY THE PERSONNEL CLASSIFICATION BOARD WITHOUT AUTHORITY OF LAW, ARE ENTITLED TO AN ADDITIONAL STEP OR SALARY RATE EFFECTIVE JULY 3, 1930, UNDER THE TERMS OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, IN THE GRADE FROM WHICH TRANSFERRED, PROVIDED SUCH ADVANCEMENT DOES NOT EXCEED THE MAXIMUM SALARY RATE OF THAT GRADE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE INTERIOR, JULY 31, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 23, 1930, AS FOLLOWS:

IN ACCORDANCE WITH THE POWERS VESTED IN THE PERSONNEL CLASSIFICATION BOARD BY SECTION 4 OF THE CLASSIFICATION ACT OF 1923 A NEW GROUP OF POSITIONS KNOWN AS THE MONOTYPE-OPERATION GROUP WAS ADDED BY THAT BOARD ON APRIL 15, 1929, TO THE GROUPS ALREADY ESTABLISHED IN THE CLASSIFICATION ACT OF 1923, ABOVE REFERRED TO. THE POSITIONS IN THIS NEW GROUP ARE MONOTYPE CASTERMAN, WITH A SALARY RANGE OF $1,500 TO $1,800, SYMBOL NO. M- 8, AND MONOTYPE-KEYBOARD OPERATOR, WITH A SALARY RANGE OF $1,680 TO $1,980, SYMBOL NO. M-10.

TO THE ABOVE NEW GROUP OF POSITIONS TWO EMPLOYEES OF THIS DEPARTMENT WERE TRANSFERRED ON MARCH 1, 1930, FROM GRADE CAF-2, ONE TO GRADE M-8, WITHOUT ANY CHANGE OF SALARY, AND THE OTHER TO M-10, WITH AN INCREASE OF $120 PER ANNUM. EACH OF THESE TWO EMPLOYEES RECEIVED ONLY ONE STEP OF $60 PER ANNUM UNDER THE WELCH ACT.

IN VIEW OF THE FACT THAT THE ACT OF JULY 3, 1930, KNOWN AS THE BROOKHART SALARY ACT, DID NOT MENTION THE MONOTYPE-OPERATION CLASSES ESTABLISHED BY THE PERSONNEL CLASSIFICATION BOARD, YOUR DECISION IS REQUESTED AS TO WHETHER EITHER OR BOTH OF THE ABOVE-MENTIONED EMPLOYEES ARE NOW ENTITLED TO A FURTHER INCREASE IN SALARY OF ONE STEP OF $60 PER ANNUM UNDER THE BROOKHART SALARY ACT, EFFECTIVE JULY 3, 1930.

THE CREATION OF NEW GRADES OF EMPLOYEES DESIGNATED AS "MONOTYPE KEYBOARD OPERATOR" AND ,MONOTYPE CASTERMAN," EACH WITH A RANGE OF COMPENSATION NOT WITHIN THE RANGE PRESCRIBED IN THE CLASSIFICATION ACT OF 1923, AS AMENDED, FOR ANY GRADE OR CLASS, WAS CONSIDERED BY THIS OFFICE AS UNAUTHORIZED IN DECISION OF JUNE 29, 1929,A-27506, TO THE SECRETARY OF AGRICULTURE, IT BEING SAID---

EVIDENTLY THE BOARD IS RELYING PRIMARILY ON THE LAST SENTENCE OF THE QUOTED PARAGRAPH FROM SECTION 4 FOR ITS AUTHORITY IN THIS INSTANCE. ANALYZING THE SECTION WITH REFERENCE TO THE PRESENT MATTER, IT IS ONLY REASONABLE TO CONCLUDE THAT THERE WAS NO PURPOSE OR INTENT BY THE ENACTMENT OF SAID SENTENCE TO VEST IN THE PERSONNEL CLASSIFICATION BOARD THE POWER OR AUTHORITY TO CREATE NEW RANGES OF COMPENSATION IN ADDITION TO THE VARIOUS RANGES PRESCRIBED BY THE CLASSIFICATION ACT FOR THE GRADES THEREIN ESTABLISHED, BUT CONTEMPLATED ONLY THAT THE BOARD WAS TO DETERMINE THE PROPER ASSIGNMENT OR ALLOCATION OF ANY NEW POSITION TO AN EXISTING RANGE OF COMPENSATION AS PRESCRIBED FOR SOME GRADE IN THE CLASSIFICATION ACT, WHENEVER THE ADMINISTRATIVE OFFICE SO REQUESTED, IN CASES WHERE THE ADMINISTRATIVE OFFICE WAS UNABLE ITSELF TO MAKE A DEFINITE RECOMMENDATION WITH RESPECT THERETO. THE CONGRESS EVIDENTLY FORESAW THAT OCCASIONS WOULD ARISE NECESSITATING THE CREATION OF NEW POSITIONS THE DUTIES OF WHICH WERE NOT DESCRIBED IN THE CLASSIFICATION ACT UNDER ANY OF THE VARIOUS GRADES THEREIN ESTABLISHED, AND IMPOSED THE DUTY AND RESPONSIBILITY ON THE BOARD, UPON THE REQUEST OF THE ADMINISTRATIVE OFFICE, TO DETERMINE FINALLY IN WHICH OF THE ESTABLISHED RANGES OF COMPENSATION THE NEW POSITIONS SHOULD BE ALLOCATED. THERE WAS EVIDENTLY NO INTENT TO EMPOWER THE BOARD TO CREATE OR ESTABLISH NEW RANGES OF COMPENSATION; THAT IS, RANGES NOT SPECIFIED IN THE ACT--- EITHER WITH OR WITHOUT THE REQUEST OF THE ADMINISTRATIVE OFFICE. THAT THE CONGRESS DID NOT INTEND TO INVEST THE BOARD WITH ANY AUTHORITY TO MAKE CHANGES IN RATES OR RANGES OF COMPENSATION BUT INTENDED THAT WITH RESPECT TO SUCH MATTERS THE BOARD SHOULD ONLY SUBMIT ITS RECOMMENDATIONS TO THE CONGRESS FOR CONSIDERATION AS TO WHETHER THERE SHOULD BE ANY CHANGES IN THE LAW IS INDICATED BY SECTION 12 OF THE CLASSIFICATION ACT, WHICH PROVIDES:

"THAT IT SHALL BE THE DUTY OF THE BOARD TO MAKE A STUDY OF THE RATES OF COMPENSATION PROVIDED IN THIS ACT FOR THE VARIOUS SERVICES AND GRADES WITH A VIEW TO ANY READJUSTMENT DEEMED BY SAID BOARD TO BE JUST AND REASONABLE. SAID BOARD SHALL, AFTER SUCH STUDY AND AT SUCH SUBSEQUENT TIMES AS IT MAY DEEM NECESSARY, REPORT ITS CONCLUSIONS TO CONGRESS WITH ANY RECOMMENDATIONS IT MAY DEEM ADVISABLE.'

THE CONCLUSION OF THAT DECISION IS STRENGTHENED BY THE FACT THAT THE CONGRESS HAS NOT PROVIDED FOR SUCH A GRADE, CLASS, OR SALARY RANGE IN THE BROOKHART SALARY ACT OF JULY 3, 1930 (46 STAT. 1003), AMENDING SECTION 13 OF THE ORIGINAL CLASSIFICATION ACT OF 1923, AS AMENDED BY THE ACT OF MAY 28, 1928,"TO CHANGE THE SALARY RATES UNDER CERTAIN GRADES THEREUNDER.'

ACCORDINGLY THE TWO EMPLOYEES YOU MENTION SHOULD BE CONSIDERED AS REMAINING IN GRADE CAF-2 FOR THE PURPOSE OF APPLYING THE PROVISIONS OF THE BROOKHART SALARY ACT AND APPLYING THE GENERAL PRINCIPLES OF THAT ACT, AS STATED IN THE DECISION OF THIS OFFICE DATED JULY 16, 1930, A 32589, 10 COMP. GEN. 20, YOU ARE ADVISED THAT AS THE TWO EMPLOYEES IN QUESTION RECEIVED ONLY ONE STEP OR SALARY RATE IN THE GRADE HELD JUNE 30, 1928, THEY ARE ENTITLED TO AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD JULY 3, 1930, TO WIT, GRADE CAF-2, PROVIDED THAT SUCH ADVANCEMENT DOES NOT EXCEED THE RATE OF $1,800 PER ANNUM, THE MAXIMUM RATE PRESCRIBED FOR GRADE CAF-2 BY THE AMENDATORY BROOKHART SALARY ACT.