A-32808, AUGUST 1, 1930, 10 COMP. GEN. 49

A-32808: Aug 1, 1930

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CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE IT IS PROPER TO MAKE THE ADJUSTMENTS IN THE FIELD SERVICES AFFECTED BY THE BROOKHART SALARY ACT OF JULY 3. OR WAS WITHIN. OR WAS WITHIN. A POSITION WAS ALLOCATED OR PLACED BY ADMINISTRATIVE ACTION IN A FIELD GRADE AND/OR SALARY RANGE CORRESPONDING TO A PARTICULAR GRADE AS PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT AS OF JUNE 30. ALL EMPLOYEES IN A FIELD SERVICE WHEREIN COMPENSATION RATES WERE ADJUSTED. ARE ENTITLED TO SUCH ADDITIONAL STEP OR STEPS OR SALARY RATE OR RATES AS THEY EXISTED ON JULY 3. EMPLOYEES IN THE FIELD SERVICE WHOSE POSITIONS ARE IN GRADES COMPARABLE WITH GRADES 1. 3 OF THE CUSTODIAL SERVICE AS PRESCRIBED BY THE CLASSIFICATION ACT FOR THE DEPARTMENTAL SERVICE (EXCEPT CHARWOMEN WHOSE POSITIONS ARE IN GRADES COMPARABLE WITH GRADE 2 OF THE CUSTODIAL SERVICE).

A-32808, AUGUST 1, 1930, 10 COMP. GEN. 49

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE IT IS PROPER TO MAKE THE ADJUSTMENTS IN THE FIELD SERVICES AFFECTED BY THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, 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. IF, UNDER ADMINISTRATIVE REGULATIONS, A POSITION WAS ALLOCATED OR PLACED BY ADMINISTRATIVE ACTION IN A FIELD GRADE AND/OR SALARY RANGE CORRESPONDING TO A PARTICULAR GRADE AS PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT AS OF JUNE 30, 1928, OR BY THE BROOKHART SALARY ACT AS OF JULY 3, 1930, THAT ALLOCATION OR PLACEMENT MUST CONTROL. 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, 43 STAT. 704, WHO, SOLELY BECAUSE OF ADMINISTRATIVE ACTION, DID NOT RECEIVE, EFFECTIVE JULY 1, 1928, UNDER THE TERMS OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, 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. (AMPLIFIED BY 10 COMP. GEN. 63; ID. 69.) EMPLOYEES IN THE FIELD SERVICE WHOSE POSITIONS ARE IN GRADES COMPARABLE WITH GRADES 1, 2, AND 3 OF THE CUSTODIAL SERVICE AS PRESCRIBED BY THE CLASSIFICATION ACT FOR THE DEPARTMENTAL SERVICE (EXCEPT CHARWOMEN WHOSE POSITIONS ARE IN GRADES COMPARABLE WITH GRADE 2 OF THE CUSTODIAL SERVICE), OR IN OTHER GRADES NOT AFFECTED, ARE NOT ENTITLED TO THE BENEFITS OF THE BROOKHART SALARY ACT. CHARWOMEN WORKING PART TIME AND HEAD CHARWOMEN IN THE FIELD SERVICE WHOSE POSITIONS ARE COMPARABLE WITH SIMILAR POSITIONS IN THE DEPARTMENTAL SERVICE WHICH HAVE BEEN ALLOCATED IN GRADE CU2, ARE STILL ENTITLED TO THE RATES OF 50 AND 55 CENTS PER HOUR, RESPECTIVELY, WHICH ARE THE ONLY RATES AUTHORIZED BY STATUTE FOR SUCH POSITIONS ON AND AFTER JULY 3, 1930.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 1, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 24, 1930, AS FOLLOWS:

REFERENCE IS MADE TO SECTION 2 OF THE ACT OF JULY 3, 1930, KNOWN AS THE "BROOKHART SALARY ACT," WHICH READS IN PART AS FOLLOWS: "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. 704), 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. 6731), AND BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA.'

IN YOUR DECISION OF THE 16TH INSTANT IN REPLY TO THE FOLLOWING QUESTION PRESENTED BY THE PRESIDENT OF THE U.S. CIVIL SERVICE COMMISSION,"ARE THE PROVISIONS OF THE BROOKHART ACT MANDATORY TO THE FIELD SERVICES," YOU REPLIED "SECTION 2 OF THE STATUTE USES THE WORDS "AUTHORIZED AND DIRECTED" WITH REFERENCE TO THE DUTY OF THE ADMINISTRATIVE OFFICERS IN ADJUSTING SALARY RANGES IN THE FIELD SERVICES.'

IN ACCORDANCE WITH YOUR DECISION PERSONS OCCUPYING POSITIONS ALLOCATED TO GRADES 1, 2 AND 3 OF THE CUSTODIAL SERVICE, OR WHO ARE IN COMPARABLE POSITIONS ARE NOT ENTITLED TO AN INCREASE BY REASON OF THE FACT THAT NO ADDITIONAL STEP WAS ADDED TO THESE GRADES.

POSITIONS IN THE CUSTODIAN SERVICE, WHICH ARE AUTHORIZED BY THE SECRETARY FOR THE CARE, MAINTENANCE, AND REPAIR OF FEDERAL BUILDINGS UNDER THE CONTROL OF THE TREASURY DEPARTMENT, AND THE COMPENSATIONS OF WHICH ARE PAID FROM THE APPROPRIATION "OPERATING FORCE FOR PUBLIC BUILDINGS," HAVE NOT BEEN CLASSIFIED OR ALLOCATED TO SPECIFIC GRADES UNDER THE ACT OF DECEMBER 6, 1924, AS AMENDED BY THE ACT OF MAY 28, 1928. THE FOLLOWING LANGUAGE APPEARS IN THE BROOKHART ACT AND PREVIOUS LEGISLATION: "ARE AUTHORIZED AND DIRECTED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES TO CORRESPOND SO FAR AS MAY BE PRACTICABLE TO THE RATES ESTABLISHED BY.' THE DEPARTMENT HAS NOT CONSIDERED IT PRACTICABLE TO ALLOCATE THESE POSITIONS TO GRADES UNDER THE ACTS IN QUESTION BECAUSE OF THE PECULIAR CONDITIONS IN THE FIELD AND BECAUSE IT HAS NOT BEEN CONSIDERED THAT THE SALARY RANGES AUTHORIZED IN THE LEGISLATION REFERRED TO HAVE BEEN SUFFICIENTLY BROAD TO COVER THE DIFFERENT TYPES OF POSITIONS REQUIRED IN THE OPERATION OF THE DEPARTMENT'S PROPERTY. SUCH POSITIONS HAVE, HOWEVER, BEEN ALLOCATED TO SALARY RANGES APPROVED BY THE SECRETARY.

THERE IS INCLOSED A STATEMENT SHOWING THE PRESENT SALARY RANGE OF THE VARIOUS POSITIONS IN THE CUSTODIAN SERVICE, AND THE RANGE WHICH WOULD BE EFFECTIVE IF POSITIONS IN THIS SERVICE WERE ALLOCATED TO COMPARABLE GRADES UNDER THE LEGISLATION OF JULY 3, 1930.

WITH THE EXCEPTION OF SEVERAL OF THE PROFESSIONAL POSITIONS IN THIS SERVICE ALL OF THE EMPLOYEES WHO WERE IN THE SERVICE ON JUNE 30, 1928, WERE GIVEN AN INCREASE OF ONE STEP IN THEIR RESPECTIVE SALARY RANGES UNDER THE PROVISIONS OF THE ACT OF MAY 28, 1928.

IN VIEW OF THE FOREGOING, IT WILL BE GREATLY APPRECIATED IF YOU WILL ADVISE WHETHER, UNDER THE CIRCUMSTANCES SET FORTH ABOVE, ALL EMPLOYEES IN THE CUSTODIAN SERVICE, INCLUDING THOSE IN POSITIONS COMPARABLE WITH THOSE IN THE DISTRICT OF COLUMBIA WHICH ARE ALLOCATED TO GRADES 1, 2, AND 3 OF THE CUSTODIAL SERVICE, WHO WERE IN THE SERVICE ON JULY 3, 1930, AND WHO RECEIVED AN INCREASE OF ONLY ONE STEP UNDER THE ACT OF MAY 28, 1928, EFFECTIVE JULY 1, 1928, MAY NOW BE GIVEN, UNDER THE ACT OF JULY 3, 1930, AN INCREASE OF AN ADDITIONAL STEP, EFFECTIVE JULY 3, 1930. THE DEPARTMENT WILL GREATLY APPRECIATE A PROMPT CONSIDERATION OF THE FOREGOING.

REFERRING TO THE TERMS OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930 (46 STAT. 1005), QUOTED IN THE FIRST PARAGRAPH OF YOUR SUBMISSION, IT WILL BE NOTED THAT ONLY THOSE FIELD SERVICES ARE INVOLVED WHEREIN COMPENSATION RATES WERE ADJUSTED, OR AUTHORIZED TO BE ADJUSTED, IN ACCORDANCE WITH THE ACT OF DECEMBER 6, 1924 (43 STAT. 704), WHICH INCLUDED AN APPROPRIATION "FOR OPERATING FORCE IN PUBLIC BUILDINGS.'

SECTION 3 OF THE WELCH ACT OF MAY 28, 1928 (45 STAT. 785), CONTAINED A PROVISION AUTHORIZING ADJUSTMENTS IN THE FIELD SERVICE WHICH WAS HELD AS NOT MANDATORY, BUT DISCRETIONARY, THE STATUTE IN THAT INSTANCE PROVIDING THAT THE ADMINISTRATIVE OFFICERS "ARE AUTHORIZED" TO ADJUST THE COMPENSATION RATES, ETC. (SEE 8 COMP. GEN. 154; ID. 279; ID. 10.)

AS SECTION 2 OF THE BROOKHART SALARY ACT, SUPRA, PROVIDED THAT THE ADMINISTRATIVE OFFICERS "ARE AUTHORIZED AND DIRECTED" TO MAKE THE SALARY ADJUSTMENTS IN THE FIELD SERVICES INVOLVED, THIS OFFICE HELD, IN DECISION OF JULY 16, 1930 (10 COMP. GEN. 20), AS TO THE FIELD SERVICES INVOLVED, AND WITHIN THE GRADES AFFECTED, THAT THE ADJUSTMENTS ARE MANDATORY.

THE DISCRETION GRANTED THE ADMINISTRATIVE OFFICERS AS TO THE FIELD SERVICE UNDER THE TERMS OF THE WELCH ACT RESULTED IN VARIOUS METHODS OF ADJUSTMENT WHEREBY SOME INDIVIDUAL EMPLOYEES OR CLASSES OF EMPLOYEES RECEIVED NO INCREASE JULY 1, 1928, OTHERS RECEIVED ONE STEP OR SALARY RATE, OTHERS RECEIVED TWO STEPS OR SALARY RATES, AND STILL OTHERS RECEIVED AN INCREASE OF A FRACTION OF ONE STEP OR SALARY RATE, OR ONE STEP OR SALARY RATE AND SUCH FRACTION OF ANOTHER AS WAS NECESSARY TO MAKE THE RATES THE SAME AS A RATE FIXED BY THE CLASSIFICATION ACT FOR CORRESPONDING POSITIONS IN THE DISTRICT OF COLUMBIA.

IN THE BROOKHART SALARY ACT THE CONGRESS EVIDENTLY RECOGNIZED THIS CONDITION AND PROVIDED IN SECTION 1 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 SALARY RATES WITHIN THE GRADE, AS MAY BE NECESSARY TO EQUAL SUCH INCREASE:

THE TERMS OF THE BROOKHART SALARY ACT REQUIRE THAT, IN ORDER TO BE ENTITLED TO THE ADDITIONAL STEP OR STEPS PROVIDED FOR THEREIN, BOTH THE GRADE HELD JUNE 30, 1928, AND THE ONE HELD ON JULY 3, 1930, MUST BE WITHIN THE GRADES "AFFECTED HEREBY; " THAT IS, THOSE TO WHICH THERE HAS BEEN ADDED BY THE ACT AN ADDITIONAL STEP OR SALARY RATE. IT IS RECOGNIZED THAT THE SALARY RANGES OF THE GRADES ADMINISTRATIVELY FIXED IN CERTAIN OF THE FIELD SERVICES DO NOT IN EVERY INSTANCE CORRESPOND EXACTLY WITH THE SALARY RANGES FIXED BY THE CLASSIFICATION ACT, AND, CONSEQUENTLY, THAT ON JUNE 30, 1928, EMPLOYEES MAY NOT, STRICTLY SPEAKING, HAVE BEEN IN A GRADE "AFFECTED HEREBY" AS THOSE WORDS WOULD BE APPLIED IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. BUT AS THE CONGRESS CLEARLY INTENDED ADJUSTMENTS IN THE FIELD SERVICES INVOLVED, NOTWITHSTANDING THIS CONDITION, 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.

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

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. IT IS TO BE UNDERSTOOD THAT ON AND AFTER JULY 3, 1930, IN ALL FIELD SERVICES WHERE ADJUSTMENTS ARE AUTHORIZED UNDER THE TERMS OF THE BROOKHART SALARY ACT, NO SALARY RATE IS PAYABLE OTHER THAN AT AN EXACT AMOUNT PRESCRIBED BY THE BROOKHART SALARY ACT AS A SALARY RATE WITHIN THE GRADE INVOLVED.

APPLYING THE ABOVE PRINCIPLES, AND ANSWERING YOUR QUESTION SPECIFICALLY, YOU ARE ADVISED THAT, ON THE BASIS OF THE FACTS STATED IN YOUR SUBMISSION, ALL EMPLOYEES IN THE CUSTODIAN SERVICE UNDER THE TREASURY DEPARTMENT, IN THE FIELD--- EXCLUDING THOSE IN POSITIONS COMPARABLE WITH POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA ALLOCATED IN GRADES 1, 2, AND 3 OF THE CUSTODIAL SERVICE, AND OTHER GRADES NOT AFFECTED BY THE BROOKHART SALARY ACT--- WHO WERE IN THE SERVICE ON JULY 3, 1930, AND WHO RECEIVED AN INCREASE OF LESS THAN TWO STEPS UNDER THE TERMS OF THE WELCH ACT OF MAY 28, 1928, EFFECTIVE JULY 1, 1928, SHOULD NOW BE GIVEN, EFFECTIVE JULY 3, 1930, UNDER THE BROOKHART SALARY ACT, SUCH STEP OR STEPS IN THE GRADE HELD JULY 3, 1930, AS MAY BE NECESSARY TO BRING HIS TOTAL INCREASE UNDER THE TWO ACTS UP TO THE AMOUNT OF TWO STEPS IN THE GRADE HELD JUNE 30, 1928.

CHARWOMEN WORKING PART TIME AND HEAD CHARWOMEN WHOSE POSITIONS ARE COMPARABLE WITH SIMILAR POSITIONS IN THE DEPARTMENTAL SERVICE WHICH HAVE BEEN ALLOCATED IN GRADE CU2, ARE ALL ENTITLED TO THE RATES OF 50 AND 55 CENTS PER HOUR, RESPECTIVELY, WHICH ARE THE ONLY RATES AUTHORIZED BY STATUTE FOR SUCH POSITIONS ON AND AFTER JULY 3, 1930. SEE DECISION OF JULY 26, 1930, A-32763, ADDRESSED TO THE ARCHITECT OF THE CAPITOL.