A-32839, AUGUST 7, 1930, 10 COMP. GEN. 60

A-32839: Aug 7, 1930

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CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES FORMER FIELD EMPLOYEES WHO WERE GIVEN AN INCREASE THE EQUIVALENT OF TWO SALARY RATES OR STEPS UNDER THE WELCH ACT OF MAY 28. ARE NOT ENTITLED TO ANY ADDITIONAL INCREASE OR STEPS UNDER THE BROOKHART SALARY ACT OF JULY 3. NOTWITHSTANDING THAT UPON THEIR TRANSFER TO THE DEPARTMENTAL SERVICE A REDUCTION IN THEIR COMPENSATION WAS NECESSARY. A NUMBER OF EMPLOYEES WERE TRANSFERRED FROM FIELD ROLLS OF THE DEPARTMENT TO THE PAY ROLLS OF THE OFFICE OF THE SECRETARY OF WAR IN PURSUANCE TO AN ACT OF CONGRESS PROVIDING THEREFOR (PUB. AMONG THOSE TRANSFERRED WERE THE FOLLOWING: JOHN L. WHO WAS RECEIVING $2. UPON TRANSFER TO THE ROLLS OF THE SECRETARY'S OFFICE WAS PLACED IN CAF GR. 5 BY THE PERSONNEL CLASSIFICATION BOARD.

A-32839, AUGUST 7, 1930, 10 COMP. GEN. 60

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD EMPLOYEES FORMER FIELD EMPLOYEES WHO WERE GIVEN AN INCREASE THE EQUIVALENT OF TWO SALARY RATES OR STEPS UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, ARE NOT ENTITLED TO ANY ADDITIONAL INCREASE OR STEPS UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, NOTWITHSTANDING THAT UPON THEIR TRANSFER TO THE DEPARTMENTAL SERVICE A REDUCTION IN THEIR COMPENSATION WAS NECESSARY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 7, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JULY 28, 1930, AS FOLLOWS:

ON JULY 1, 1929, A NUMBER OF EMPLOYEES WERE TRANSFERRED FROM FIELD ROLLS OF THE DEPARTMENT TO THE PAY ROLLS OF THE OFFICE OF THE SECRETARY OF WAR IN PURSUANCE TO AN ACT OF CONGRESS PROVIDING THEREFOR (PUB. NO. 843, 70TH CONGRESS, APPROVED FEBRUARY 28, 1929). AMONG THOSE TRANSFERRED WERE THE FOLLOWING:

JOHN L. MCKENNEY, WHO WAS RECEIVING $2,400 ON JUNE 30, 1928: ADVANCED TO $2,600 PER ANNUM ON JULY 1, 1928, UNDER THE WELCH ACT (TWO STEPS--CAF GR. 7, FIELD), AND ON JULY 1, 1929, UPON TRANSFER TO THE ROLLS OF THE SECRETARY'S OFFICE WAS PLACED IN CAF GR. 5 BY THE PERSONNEL CLASSIFICATION BOARD, NECESSITATING A REDUCTION IN HIS SALARY FROM $2,600 TO $2,500, THE HIGHEST RATE IN GRADE 5.

MARIAN K. FERGUSON, WHO WAS RECEIVING $1,860 ON JUNE 30, 1928, ADVANCED TO $2,000 PER ANNUM ON JULY 1, 1928, UNDER THE WELCH ACT (TWO STEPS--- CAF GR. 5, FIELD), AND ON JULY 1, 1929, UPON TRANSFER TO THE ROLLS OF THE SECRETARY'S OFFICE WAS PLACED IN CAF GR. 3 BY THE PERSONNEL CLASSIFICATION BOARD, NECESSITATING A REDUCTION IN HER SALARY FROM $2,000 TO $1,920, THE HIGHEST RATE IN GRADE 3.

MAUDE SWOGER, WHO WAS RECEIVING $1,680 ON JUNE 30, 1928, ADVANCED TO $1,800 PER ANNUM ON JULY 1, 1928, UNDER THE WELCH ACT (TWO STEPS--- CAF GR. 4, FIELD), AND ON JULY 1, 1929, UPON TRANSFER TO THE ROLLS OF THE SECRETARY'S OFFICE WAS PLACED IN CAF GR. 2 BY THE PERSONNEL CLASSIFICATION BOARD, NECESSITATING A REDUCTION IN HER SALARY FROM $1,800 TO $1,740, THE HIGHEST RATE IN GRADE 2.

WILL LESHER, WHO WAS RECEIVING $1,680 ON JUNE 30, 1928, ADVANCED TO $1,800 PER ANNUM ON JULY 1, 1928, UNDER THE WELCH ACT (TWO STEPS--- CAF GR. 4, FIELD), AND ON JULY 1, 1929, UPON TRANSFER TO THE ROLLS OF THE SECRETARY'S OFFICE, WAS PLACED IN CAF GR. 2 BY THE PERSONNEL CLASSIFICATION BOARD, NECESSITATING A REDUCTION IN HIS SALARY FROM $1,800 TO $1,740, THE HIGHEST RATE IN GRADE 2.

THE DEPARTMENT REQUESTS TO BE INFORMED WHETHER UNDER THE BROOKHART ACT THESE EMPLOYEES ARE NOW ENTITLED TO ONE STEP ADVANCE TO THE NEW MAXIMUM RATES PROVIDED FOR THEIR RESPECTIVE GRADES BY THE BROOKHART ACT.

THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, IS APPLICABLE ONLY TO---

* * * 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 * * *.

AS THE FIELD SERVICE WAS INCLUDED WITHIN THE PROVISIONS OF THE WELCH ACT AND, ALSO, WITHIN THE PROVISIONS OF THE BROOKHART SALARY ACT, IT IS IMMATERIAL, IN NOW APPLYING THE PROVISIONS OF THE LATER STATUTE, WHETHER THE EMPLOYEE WAS IN THE FIELD SERVICE OR THE DEPARTMENTAL SERVICE ON JUNE 30, 1928. IF THE EMPLOYEE RECEIVED AN INCREASE ON JULY 1, 1928, UNDER THE TERMS OF THE WELCH ACT, THE EQUIVALENT OF TWO STEPS OR SALARY RATES AS THEY EXISTED IN THE FIELD SERVICE GRADE HELD ON JUNE 30, 1928, THE EMPLOYEES ARE NOT ENTITLED TO ANY INCREASE UNDER THE BROOKHART SALARY ACT.

IN EACH OF THE CASES PRESENTED THE POSITION IN THE DEPARTMENTAL SERVICE TO WHICH THE EMPLOYEE WAS TRANSFERRED FROM THE FIELD SERVICE, WAS ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD TO A LOWER GRADE THAN THE FIELD SERVICE GRADE, RESULTING IN A LOSS OF SALARY TO THE EMPLOYEE DUE TO THE FACT THAT THERE WAS NO SALARY RATE IN THE LOWER GRADE EQUIVALENT TO THE SALARY RATE BEING RECEIVED IN THE FIELD SERVICE GRADE. THERE IS NO AUTHORITY UNDER THE PROVISIONS OF THE BROOKHART SALARY ACT, SIMPLY BECAUSE THERE HAS BEEN ADDED A MAXIMUM SALARY RATE TO THE LOWER GRADE IN WHICH THE POSITION OF THE EMPLOYEE WAS ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD UPON TRANSFER FROM THE FIELD SERVICE WHICH EQUALED THE AMOUNT PREVIOUSLY RECEIVED IN THE FIELD, TO NOW OVERCOME THE NECESSARY REDUCTION IN COMPENSATION THEN MADE DUE TO THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD, BY ADVANCING THE EMPLOYEE TO THE MAXIMUM SALARY RATE OF HIS GRADE THE QUESTION AS TO WHETHER THE EMPLOYEE IN SUCH CASES MAY BE ADMINISTRATIVELY PROMOTED TO THE MAXIMUM RATE OF THE GRADE WOULD DEPEND UPON WHETHER THE AVERAGE OF THE GRADE WILL PERMIT, THE EFFICIENCY OF THE EMPLOYEE, AND THE AVAILABILITY OF FUNDS IN THE APPROPRIATION.

YOU ARE ADVISED, THEREFORE, THAT NONE OF THE EMPLOYEES MENTIONED IN YOUR SUBMISSION IS ENTITLED TO AN AUTOMATIC INCREASE IN COMPENSATION UNDER THE BROOKHART SALARY ACT.