A-32760, AUGUST 8, 1930, 10 COMP. GEN. 63

A-32760: Aug 8, 1930

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES AN EMPLOYEE WHO WAS IN THE FIELD SERVICE JULY 1. WOULD HAVE BEEN ENTITLED TO AN INCREASE OF ONE STEP OR SALARY RATE ON THAT DATE UNDER THE WELCH ACT OF MAY 28. WHOSE FAILURE TO RECEIVE THE SAME WAS NOT DUE TO LACK OF APPROPRIATIONS. IS ENTITLED. AS WILL NOT EXCEED THE RATE TO WHICH HE WOULD HAVE BEEN ENTITLED IN THAT POSITION HAD HE ACTUALLY RECEIVED THE WELCH ACT INCREASE. 10 COMP. AS FOLLOWS: I HAVE TO RESPECTFULLY SUBMIT THE FOLLOWING CASE FOR YOUR DECISION: MR. RIVES WAS APPOINTED BY TRANSFER FROM THE U.S. VETERANS' BUREAU SHOWS THAT HE WAS TEMPORARILY APPOINTED AS TRAINING ASSISTANT IN THE FIELD SERVICE OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION ON SEPTEMBER 24.

A-32760, AUGUST 8, 1930, 10 COMP. GEN. 63

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES AN EMPLOYEE WHO WAS IN THE FIELD SERVICE JULY 1, 1928, AND WOULD HAVE BEEN ENTITLED TO AN INCREASE OF ONE STEP OR SALARY RATE ON THAT DATE UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, WHOSE FAILURE TO RECEIVE THE SAME WAS NOT DUE TO LACK OF APPROPRIATIONS, IS ENTITLED, UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, TO AN INCREASE TO SUCH A SALARY RATE IN THE DEPARTMENTAL POSITION TO WHICH TRANSFERRED PRIOR TO JULY 3, 1930, AS WILL NOT EXCEED THE RATE TO WHICH HE WOULD HAVE BEEN ENTITLED IN THAT POSITION HAD HE ACTUALLY RECEIVED THE WELCH ACT INCREASE. 10 COMP. GEN. 49, AMPLIFIED.

COMPTROLLER GENERAL MCCARL TO THE DIRECTOR OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION, AUGUST 8, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 22, 1930, AS FOLLOWS:

I HAVE TO RESPECTFULLY SUBMIT THE FOLLOWING CASE FOR YOUR DECISION:

MR. THOMAS M. RIVES WAS APPOINTED BY TRANSFER FROM THE U.S. VETERANS' BUREAU AS TRAINING ASSISTANT, P AND S-3, SALARY AT THE RATE OF $3,600 PER ANNUM, TO THE FEDERAL BOARD FOR VOCATIONAL EDUCATION AS SUPERVISOR OF VOCATIONAL REHABILITATION, P AND S-4, SALARY AT THE RATE OF $3,800 PER ANNUM, EFFECTIVE MARCH 3, 1930.

THE ABSTRACT OF OFFICIAL RECORD OF MR. RIVES' SERVICE WITH THE U.S. VETERANS' BUREAU SHOWS THAT HE WAS TEMPORARILY APPOINTED AS TRAINING ASSISTANT IN THE FIELD SERVICE OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION ON SEPTEMBER 24, 1919, AT A SALARY OF $1,800 PER ANNUM. (THE REHABILITATION DIVISION OF THE FEDERAL BOARD FOR VOCATIONAL EDUCATION, IN WHICH MR. RIVES WAS EMPLOYED, WAS TRANSFERRED TO AND MADE A PART OF THE U.S. VETERANS' BUREAU ON AUGUST 9, 1921.) MR. RIVES WAS LATER MADE PROBATIONAL AND RECEIVED VARIOUS INCREASES IN SALARY UP TO JUNE 16, 1925, ON WHICH DATE HE WAS PROMOTED TO $3,600 PER ANNUM. HE RECEIVED THIS SALARY THROUGH THE REMAINDER OF HIS SERVICE IN THE VETERANS' BUREAU. HIS POSITION AS TRAINING ASSISTANT WAS NOT ALLOCATED UNTIL DECEMBER 1, 1929, WHEN IT WAS GRADED AS P AND S-3.

MR. RIVES RECEIVED NO BENEFITS FROM THE WELCH ACT OF MAY 28, 1928, WHILE IN THE SERVICE OF THE U.S. VETERANS' BUREAU. IN VIEW OF THIS FACT, THE FEDERAL BOARD FOR VOCATIONAL EDUCATION WISHES TO BE ADVISED AS TO WHETHER OR NOT MR. RIVES IS ENTITLED TO ANY BENEFITS UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, AND IF SO, TO WHAT EXTENT.

IT IS UNDERSTOOD FROM YOUR SUBMISSION THAT ON JUNE 30, 1928, THIS EMPLOYEE WAS RECEIVING $3,600 PER ANNUM IN THE FIELD SERVICE OF THE VETERANS' BUREAU AND THAT HIS POSITION WAS THEN UNGRADED.

IN DECISION OF THIS OFFICE DATED AUGUST 1, 1930, A-32808, 10 COMP. GEN. 49, ADDRESSED TO THE SECRETARY OF THE TREASURY, WHEREIN WERE STATED THE GENERAL RULES FOR APPLYING THE BROOKHART SALARY ACT IN THE FIELD SERVICES INVOLVED, IT WAS HELD:

* * * IT IS PROPER TO MAKE THE ADJUSTMENTS IN THE FIELD SERVICES INVOLVED WHERE THE GRADE AND/OR SALARY RATE HELD JUNE 30, 1928, CORRESPONDED WITH, OR WAS WITHIN, A GRADE AND/OR SALARY RANGE PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT, AND THE GRADE AND/OR SALARY RATE HELD JULY 3, 1930, CORRESPONDED WITH, OR WAS WITHIN, A GRADE AND/OR SALARY RANGE PRESCRIBED BY THE BROOKHART SALARY ACT.

AN EMPLOYEE IN THE FIELD SERVICE JUNE 30, 1928, WHOSE POSITION WAS THEN UNGRADED, AS IN THIS CASE, BUT WHOSE SALARY RATE WAS WITHIN A SALARY RANGE PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT, CORRESPONDING WITH A GRADE AFFECTED BY THE BROOKHART SALARY ACT, AND WHO WAS ON JULY 3, 1930, IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA IN A GRADE AFFECTED BY THE BROOKHART SALARY ACT, IS ENTITLED TO THE BENEFITS OF SAID STATUTE IF HE WAS NOT ENTITLED TO AN INCREASE UNDER THE WELCH ACT THE EQUIVALENT OF TWO STEPS.

THE BASIS FOR COMPUTING THE AMOUNT OF THE STEPS AS OF JUNE 30, 1928, IN THE CASE OF SUCH UNGRADED EMPLOYEES, SHALL BE THE STEPS PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT FOR A CORRESPONDING GRADE, WITHIN THE RANGE OF WHICH THE AMOUNT OF THE RATE ACTUALLY RECEIVED JUNE 30, 1928, APPEARS, WHETHER AT AN EXACT SALARY RATE PRESCRIBED BY THE ACT OR AT AN ODD AMOUNT. FOR INSTANCE, IN THE INSTANT CASE, THE RATE OF $3,600 RECEIVED JUNE 30, 1928, WAS THE MAXIMUM RATE OF GRADE P-3 AND GRADE CAF-9, AND THE FOURTH OR AVERAGE RATE OF GRADE CAF-10, UNDER THE ORIGINAL CLASSIFICATION ACT. IN ANY OF THESE GRADES THE AMOUNT OF THE STEPS WAS $100 AS PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT, AND AN EMPLOYEE HOLDING SUCH A POSITION ON JUNE 30, 1928, WOULD HAVE BEEN ENTITLED TO ONLY ONE STEP UNDER THE WELCH ACT OF MAY 28, 1928.

IN DECISION OF AUGUST 1, 1930, SUPRA, IT WAS FURTHER HELD AS FOLLOWS:

ACCORDINGLY, ON THE BASIS OF THE ABOVE, I HAVE TO ADVISE THAT ALL EMPLOYEES IN A FIELD SERVICE WHEREIN COMPENSATION RATES WERE ADJUSTED OR AUTHORIZED TO BE ADJUSTED UNDER THE TERMS OF THE ACT OF DECEMBER 6, 1924, WHO, SOLELY BECAUSE OF ADMINISTRATIVE ACTION, DID NOT RECEIVE, EFFECTIVE JULY 1, 1928, UNDER THE TERMS OF THE WELCH ACT, THE EQUIVALENT OF AS MUCH AS TWO STEPS OR SALARY RATES IN THEIR RESPECTIVE GRADES AS THEY EXISTED JUNE 30, 1928, ARE ENTITLED TO SUCH ADDITIONAL STEP OR STEPS OR SALARY RATE OR RATES AS THEY EXISTED ON JULY 3, 1930, AS MAY BE NECESSARY--- TOGETHER WITH THE AMOUNT OF THE INCREASE RECEIVED JULY 1, 1928, UNDER THE TERMS OF THE WELCH ACT--- TO EQUAL THE AMOUNT OF THE TWO STEPS OR SALARY RATES IN THE GRADE AS THEY EXISTED JUNE 30, 1928. SEE 8 COMP. GEN. 229; ID. 260.

WHERE AN EMPLOYEE IN THE FIELD SERVICE ENTITLED TO THE BENEFITS OF THE STATUTE, WAS, ON JULY 3, 1930, IN A GRADE 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 THE ADDITIONAL STEP OR STEPS IN THE GRADE HELD JULY 3, 1930, NECESSARY TO MAKE THE TOTAL AMOUNT OF THE INCREASES RECEIVED BY HIM UNDER THE WELCH ACT AND UNDER THE BROOKHART ACT EQUAL THE AMOUNT OF TWO STEPS WITHIN THE GRADE HELD JUNE 30, 1928, EVEN THOUGH THE INCREASE SHALL BE MORE THAN THE AMOUNT OF THE INCREASE WHICH WOULD HAVE BEEN RECEIVED HAD THE EMPLOYEE RECEIVED THE EQUIVALENT OF TWO STEPS OR SALARY RATES ON JULY 1, 1928, AS THEY EXISTED IN THE GRADE HELD JUNE 30, 1928. * * *

THIS RULE MAY BE APPLIED, ALSO, TO EMPLOYEES WHO WERE IN THE FIELD SERVICE JUNE 30, 1928, AND IN THE DEPARTMENTAL SERVICE JULY 3, 1930.

THE PARAGRAPHS LAST ABOVE QUOTED WERE BASED UPON THE ASSUMPTION THAT THE ADMINISTRATIVE OFFICES GENERALLY HAD ADJUSTED THE COMPENSATION OF ALL FIELD EMPLOYEES IN ACCORDANCE WITH THE WELCH ACT, IN SO FAR AS IT COULD BE DONE UNDER AVAILABLE APPROPRIATIONS, TAKING INTO CONSIDERATION BOTH THE ORIGINAL APPROPRIATIONS FOR SALARIES FOR THE FISCAL YEAR 1929 AND THE DEFICIENCY APPROPRIATIONS UNDER TITLE II, ACT OF MARCH 4, 1929, 45 STAT. 1675 TO 1694. SEE DECISION OF MAY 3, 1929, TO THE DIRECTOR, UNITED STATES VETERANS' BUREAU, A-24418.

IT APPEARS FROM YOUR STATEMENT OF FACTS THAT, IN THE PRESENT CASE, SUCH AN ADJUSTMENT WAS NOT ADMINISTRATIVELY MADE BY THE VETERANS' BUREAU NOTWITHSTANDING THAT THERE APPEAR TO HAVE BEEN SUFFICIENT APPROPRIATIONS THEREFOR. WHERE THE FAILURE TO ADJUST THE COMPENSATION OF A FIELD EMPLOYEE IN ACCORDANCE WITH THE WELCH ACT, WHEN HE WAS OTHERWISE ENTITLED THERETO, WAS NOT DUE TO A LACK OF APPROPRIATIONS, THE EMPLOYEE'S PRESENT RIGHTS UNDER THE BROOKHART ACT MAY NOT EXCEED WHAT HE WOULD BE ENTITLED TO HAD HIS SALARY BEEN ADMINISTRATIVELY ADJUSTED UNDER THE WELCH ACT. HAD THE PRESENT EMPLOYEE'S SALARY BEEN ADJUSTED JULY 1, 1928, UNDER THE WELCH ACT, HE WOULD HAVE RECEIVED AN INCREASE OF BUT ONE SALARY STEP, OR FROM $3,600 TO $3,700, AND WOULD NOW BE ENTITLED TO ONE ADDITIONAL STEP OR SALARY RATE NOTWITHSTANDING HIS TRANSFER TO YOUR BOARD TO A POSITION IN P AND S-4 AT $3,800. AS THE SALARY STEPS IN HIS PRESENT GRADE ARE $200 EACH, THE ADDITION OF ONE SALARY RATE TO HIS PRESENT COMPENSATION WILL NECESSITATE AN INCREASE OF $200.

ANSWERING YOUR QUESTION SPECIFICALLY I HAVE TO ADVISE THAT MR. RIVES IS ENTITLED TO BE PAID AT A RATE OF $4,000 PER ANNUM FROM JULY 3, 1930.