A-32763, JULY 26, 1930, 10 COMP. GEN. 39

A-32763: Jul 26, 1930

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ARE THE ONLY RATES FIXED BY STATUTE ON AND AFTER JULY 3. WHOSE POSITIONS ARE IN GRADE CU-2. THE INCREASED RATES FIXED BY THE BROOKHART SALARY ACT ARE PAYABLE REGARDLESS OF THE STATUS OF THE EMPLOYEES ON JUNE 30. AS FOLLOWS: THERE WILL BE PRESENTED TO YOU BY MR. THE QUESTION AS TO WHETHER OR NOT CHARWOMEN UNDER THE OFFICE OF THE ARCHITECT OF THE CAPITOL ARE ENTITLED TO 50 CENTS PER HOUR AND HEAD CHARWOMEN TO 55 CENTS PER HOUR. THE CLASSIFICATION OF EMPLOYEES OF THIS OFFICE WAS EFFECTED BY THE PROVISIONS OF THE LEGISLATIVE PAY ACT OF 1929 (PUBLIC. IT HAS BEEN CONTENDED THAT EMPLOYEES OF THIS OFFICE ARE NOT AFFECTED BY THE ACT OF JULY 3. AS THEY WERE NOT UNDER CLASSIFICATION AT THE TIME OF THE EFFECTIVE DATE OF THE ACT OF MAY 28.

A-32763, JULY 26, 1930, 10 COMP. GEN. 39

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - CHARWOMEN THE PER HOUR RATES FIXED BY THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, AT 50 AND 55 CENTS, ARE THE ONLY RATES FIXED BY STATUTE ON AND AFTER JULY 3, 1930, FOR POSITIONS OF CHARWOMEN WORKING PART TIME, AND HEAD CHARWOMEN, RESPECTIVELY, WHOSE POSITIONS ARE IN GRADE CU-2, SUPERSEDING THE RATES FIXED BY THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, AND THE INCREASED RATES FIXED BY THE BROOKHART SALARY ACT ARE PAYABLE REGARDLESS OF THE STATUS OF THE EMPLOYEES ON JUNE 30, 1928.

COMPTROLLER GENERAL MCCARL TO THE ARCHITECT OF THE CAPITOL, JULY 26, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 25, 1930, AS FOLLOWS:

THERE WILL BE PRESENTED TO YOU BY MR. CLARK, OF THIS OFFICE, THE QUESTION AS TO WHETHER OR NOT CHARWOMEN UNDER THE OFFICE OF THE ARCHITECT OF THE CAPITOL ARE ENTITLED TO 50 CENTS PER HOUR AND HEAD CHARWOMEN TO 55 CENTS PER HOUR, AS PROVIDED IN THE ACT OF JULY 3, 1930. (PUBLIC, NO. 523, 71ST CONGRESS.)

THE CLASSIFICATION OF EMPLOYEES OF THIS OFFICE WAS EFFECTED BY THE PROVISIONS OF THE LEGISLATIVE PAY ACT OF 1929 (PUBLIC, NO. 17, 71ST CONGRESS). IT HAS BEEN CONTENDED THAT EMPLOYEES OF THIS OFFICE ARE NOT AFFECTED BY THE ACT OF JULY 3, 1930, AS THEY WERE NOT UNDER CLASSIFICATION AT THE TIME OF THE EFFECTIVE DATE OF THE ACT OF MAY 28, 1928, WHICH WAS JULY 1, 1928.

A RULING ON THIS MATTER AT YOUR VERY EARLIEST CONVENIENCE WILL BE APPRECIATED, AS WE ARE NOW IN PROCESS OF MAKING UP OUR PAY ROLLS FOR THE LAST HALF OF JULY AND THESE ROLLS MUST BE IN THE HANDS OF THE DISBURSING OFFICER NOT LATER THAN NEXT MONDAY THE 28TH.

THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, AMENDS SECTION 13 OF THE ORIGINAL CLASSIFICATION ACT OF MARCH 4, 1923, AS AMENDED BY THE ACT OF MAY 28, 1928, 45 STAT. 776,"TO CHANGE THE SALARY RATES UNDER CERTAIN GRADES THEREIN TO READ AS FOLLOWS:

CUSTODIAL SERVICE

"GRADE 2 * * * PROVIDED, THAT CHARWOMEN WORKING PART TIME BE PAID AT THE RATE OF 50 CENTS AN HOUR AND THE HEAD CHARWOMEN AT THE RATE OF 55 CENTS AN HOUR.'

ON AND AFTER JULY 3, 1930, THE PER HOUR RATES THUS FIXED AT 50 AND 55 CENTS PER HOUR ARE THE ONLY RATES FIXED BY STATUTE FOR THE POSITIONS OF CHARWOMEN WORKING PART TIME AND HEAD CHARWOMEN, RESPECTIVELY, WHOSE POSITIONS ARE IN GRADE CU-2, AND THE RATES OF 45 AND 50 CENTS PER HOUR, RESPECTIVELY, FIXED IN THE ACT OF MAY 28, 1928, ARE NO LONGER EFFECTIVE. THE EMPLOYEES UNDER THE OFFICE OF THE ARCHITECT OF THE CAPITOL WERE NOT SUBJECT TO THE CLASSIFICATION ACT ON JUNE 30, 1928, BUT THE PROVISIONS OF THE CLASSIFICATION ACT WERE MADE APPLICABLE TO THE EMPLOYEES IN THE OFFICE OF THE ARCHITECT OF THE CAPITOL BY SECTION 3 OF THE ACT OF JUNE 20, 1929, 46 STAT. 38.

ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT CHARWOMEN WORKING PART TIME AND HEAD CHARWOMEN WHOSE POSITIONS ARE IN GRADE CU-2, UNDER THE OFFICE OF THE ARCHITECT OF THE CAPITOL, ARE ENTITLED TO SALARY RATES OF 50 AND 55 CENTS PER HOUR, RESPECTIVELY, ON AND AFTER JULY 3, 1930.