A-32852, AUGUST 12, 1930, 10 COMP. GEN. 71

A-32852: Aug 12, 1930

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WERE DENIED SAME ON THE ERRONEOUS ASSUMPTION THAT THEY WERE NOT ENTITLED TO SAME BECAUSE OF TEMPORARY STATUS. THEY ARE ENTITLED. IF SAID GRADE IS ONE OF THE GRADES AFFECTED BY SAID ACT. PROVIDED THE APPROPRIATION THAT WOULD HAVE BEEN AVAILABLE FOR PAYMENT OF THE WELCH ACT INCREASE IS EXHAUSTED. 1930: I HAVE YOUR LETTER OF JULY 30. THERE WERE SEVERAL CLERKS IN THE FIELD SERVICE OF THIS DEPARTMENT WHO WERE IN TEMPORARY STATUS. FOR THE REASON THAT IT WAS THOUGHT THEIR EMPLOYMENT COULD BE FOR A TEMPORARY PERIOD ONLY. THEY WERE NOT GRANTED INCREASES UNDER THE WELCH ACT. HAVE SERVED CONTINUOUSLY SINCE THAT DATE. WERE SUBSEQUENTLY GIVEN PROBATIONAL APPOINTMENTS AS CLERKS. ARE THESE EMPLOYEES ENTITLED TO TWO STEPS UNDER THE PROVISIONS OF THE BROOKHART ACT?

A-32852, AUGUST 12, 1930, 10 COMP. GEN. 71

CLASSIFICATION OF CIVILIAN EMPLOYEES - ADJUSTMENTS UNDER BROOKHART SALARY ACT WHERE EMPLOYEES ENTITLED TO INCREASE IN COMPENSATION UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, WERE DENIED SAME ON THE ERRONEOUS ASSUMPTION THAT THEY WERE NOT ENTITLED TO SAME BECAUSE OF TEMPORARY STATUS, THEY ARE ENTITLED, UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, TO TWO STEPS IN THE GRADE HELD JULY 3, 1930, IF SAID GRADE IS ONE OF THE GRADES AFFECTED BY SAID ACT, PROVIDED THE APPROPRIATION THAT WOULD HAVE BEEN AVAILABLE FOR PAYMENT OF THE WELCH ACT INCREASE IS EXHAUSTED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 12, 1930:

I HAVE YOUR LETTER OF JULY 30, 1930, AS FOLLOWS:

THE CHIEF OF ORDNANCE PRESENTS THE FOLLOWING INQUIRY:

"ON JULY 1, 1928, THERE WERE SEVERAL CLERKS IN THE FIELD SERVICE OF THIS DEPARTMENT WHO WERE IN TEMPORARY STATUS, AND FOR THE REASON THAT IT WAS THOUGHT THEIR EMPLOYMENT COULD BE FOR A TEMPORARY PERIOD ONLY, THEY WERE NOT GRANTED INCREASES UNDER THE WELCH ACT. THESE EMPLOYEES, HOWEVER, HAVE SERVED CONTINUOUSLY SINCE THAT DATE, AND WERE SUBSEQUENTLY GIVEN PROBATIONAL APPOINTMENTS AS CLERKS. ARE THESE EMPLOYEES ENTITLED TO TWO STEPS UNDER THE PROVISIONS OF THE BROOKHART ACT?

THE DEPARTMENT REQUESTS A RULING OF YOUR OFFICE ON THE QUESTION PRESENTED.

IF THE EMPLOYEES IN QUESTION WERE ENTITLED TO A TWO-STEP INCREASE UNDER THE ACT OF MAY 28, 1928, 45 STAT. 785, AND THE APPROPRIATIONS AVAILABLE FOR THE PAYMENT OF THEIR SALARIES FOR THE FISCAL YEAR 1929, INCLUDING THE DEFICIENCY APPROPRIATION MADE UNDER TITLE II OF THE ACT OF MARCH 4, 1929, 45 STAT. 1694, NOT OTHERWISE EXPENDED, WERE ADEQUATE THEREFOR (SEE DECISION OF MAY 3, 1929, A-24418), THEY ARE NOT ENTITLED TO ANY INCREASE UNDER THE ACT OF JULY 3, 1930, 46 STAT. 1003.

IF THE EMPLOYEES WERE ENTITLED TO AN INCREASE OF ONLY ONE STEP UNDER THE WELCH ACT OF MAY 28, 1928, AND THERE REMAINS AN UNEXPENDED BALANCE IN THE APPROPRIATIONS ABOVE INDICATED ADEQUATE FOR THE PAYMENT THEREOF, THEY ARE NOW ENTITLED TO AN INCREASE OF ONLY ONE STEP UNDER THE BROOKHART SALARY ACT IN THE GRADES HELD BY THEM ON JULY 3, 1930, IF SAID GRADES ARE OF THOSE WITHIN SAID ACT.

IF THE SAID APPROPRIATIONS ARE EXHAUSTED, THE EMPLOYEES ARE ENTITLED, UNDER THE BROOKHART SALARY ACT, TO INCREASES OF TWO STEPS IN THE GRADES HELD JULY 3, 1930, IF THE GRADES ARE WITHIN SAID ACT. SEE DECISION OF JULY 16, 1930, A-32589, 10 COMP. GEN. 20.