A-32880, AUGUST 20, 1930, 10 COMP. GEN. 82

A-32880: Aug 20, 1930

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CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - NONPAY STATUS AN EMPLOYEE WHO WAS ON THE ROLLS BUT IN A NONPAY STATUS JULY 1. WERE SUCH AS WOULD HAVE ENTITLED THE EMPLOYEE TO AN INCREASE OF ONE STEP OR SALARY RATE UNDER THE PROVISIONS OF THE WELCH ACT OF MAY 28. IS ENTITLED. AS FOLLOWS: THIS COMMISSION IS DESIROUS OF OBTAINING FROM YOU A DECISION ON THE FOLLOWING QUESTION ARISING UNDER THE PROVISIONS OF THE ACT OF JULY 3. SETS FORTH THAT HER SERVICES WITH THAT BUREAU WERE DISCONTINUED AS OF JUNE 30. I WAS INFORMED THAT MISS GRIFFIN HAD BEEN CARRIED IN A LEAVE-WITHOUT-PAY STATUS BY THAT BUREAU UNTIL THE LATTER PART OF AUGUST OR THE FIRST PART OF SEPTEMBER 1928. THAT WHEN HER SERVICES WERE FINALLY DISCONTINUED.

A-32880, AUGUST 20, 1930, 10 COMP. GEN. 82

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - NONPAY STATUS AN EMPLOYEE WHO WAS ON THE ROLLS BUT IN A NONPAY STATUS JULY 1, 1928, UNDER ONE DEPARTMENT OR OFFICE, BUT WHOSE GRADE AND SALARY RATE ON JUNE 30, 1928, WERE SUCH AS WOULD HAVE ENTITLED THE EMPLOYEE TO AN INCREASE OF ONE STEP OR SALARY RATE UNDER THE PROVISIONS OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, EFFECTIVE JULY 1, 1928, IS ENTITLED, IN ACCORDANCE WITH THE TERMS OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, TO AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD UNDER ANOTHER DEPARTMENT OR OFFICE ON JULY 3, 1930.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN OF THE FEDERAL RADIO COMMISSION, AUGUST 20, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 1, 1930, AS FOLLOWS:

THIS COMMISSION IS DESIROUS OF OBTAINING FROM YOU A DECISION ON THE FOLLOWING QUESTION ARISING UNDER THE PROVISIONS OF THE ACT OF JULY 3, 1930, PUBLIC NO. 523, AMENDING THE CLASSIFICATION ACT OF 1923, AS AMENDED.

THE ABSTRACT OF OFFICIAL RECORD OF MISS LOTTIE M. GRIFFIN, FORMERLY EMPLOYED IN THE INTERNAL REVENUE BUREAU, SETS FORTH THAT HER SERVICES WITH THAT BUREAU WERE DISCONTINUED AS OF JUNE 30, 1928. IN A CONVERSATION HAD OVER THE TELEPHONE WITH THAT BUREAU, I WAS INFORMED THAT MISS GRIFFIN HAD BEEN CARRIED IN A LEAVE-WITHOUT-PAY STATUS BY THAT BUREAU UNTIL THE LATTER PART OF AUGUST OR THE FIRST PART OF SEPTEMBER 1928, BUT THAT WHEN HER SERVICES WERE FINALLY DISCONTINUED, THE ACTION TAKEN WAS MADE EFFECTIVE AS OF JUNE 30, 1928. I WAS ALSO INFORMED THAT NO OFFICIAL REQUEST FOR LEAVE WITHOUT PAY HAD BEEN SUBMITTED BY MISS GRIFFIN OR APPROVED BY THE BUREAU. ON JANUARY 7, 1930, THIS COMMISSION REQUESTED THE REINSTATEMENT OF MISS GRIFFIN IN HER FORMER STATUS AT THE BUREAU OF INTERNAL REVENUE, AND ON JANUARY 10, 1930, SHE WAS APPOINTED AS ASSISTANT CLERK STENOGRAPHER. ENCLOSE HEREWITH COPIES OF LETTERS FURNISHED ME BY MISS GRIFFIN, WHICH ARE SELF EXPLANATORY.

IN CONSIDERING THE BROOKHART SALARY ACT, NO ACTION WAS TAKEN ON THE ABOVE -MENTIONED CASE, AND ACTION WILL BE WITHHELD PENDING YOUR DECISION.

THE COPIES OF THE LETTERS YOU ENCLOSED ARE TO MISS GRIFFIN FROM THE APPOINTMENT DIVISION, TREASURY DEPARTMENT, JULY 1, 1928, AND FROM APPOINTMENT DIVISION, BUREAU OF INTERNAL REVENUE, AUGUST 7 AND SEPTEMBER 8, 1928. IT APPEARS THEREFROM THAT ON JUNE 30, 1928, MISS GRIFFIN WAS IN GRADE CAF-3, RECEIVING $1,680 PER ANNUM UNDER THE BUREAU OF INTERNAL REVENUE, WASHINGTON, D.C., AND BY THE APPOINTMENT DIVISION LETTER DATED JULY 1, 1928, SHE WAS ADVISED AS FOLLOWS:

YOU ARE ADVISED THAT UNDER THE ACT APPROVED MAY 28, 1928, AMENDING THE CLASSIFICATION ACT OF MARCH 4, 1923, YOUR COMPENSATION HAS BEEN INCREASED TO $1,740 PER ANNUM, EFFECTIVE JULY 1, 1928.

IT APPEARS ALSO FROM THE COPIES OF SAID LETTERS THAT MISS GRIFFIN'S ABSENCE AFTER JUNE 30, 1928, WAS DUE TO THE CONDITION OF HER HEALTH; THAT SHE REQUESTED THAT SHE BE CARRIED AS ON LEAVE WITHOUT PAY INDEFINITELY; THAT UNDER DATE OF AUGUST 7, 1928, SHE WAS REQUESTED TO SUBMIT HER RESIGNATION BY SEPTEMBER 1, 1928; AND THAT UNDER DATE OF SEPTEMBER 8, 1928, SHE WAS AGAIN REQUESTED TO SUBMIT HER RESIGNATION, IT BEING STATED THAT "IT WILL NOT BE POSSIBLE TO CARRY YOU IN A NONPAY STATUS BEYOND SEPTEMBER 15.'

IT IS THUS SHOWN THAT, ALTHOUGH IN A NONPAY STATUS, SHE HELD A POSITION IN THE BUREAU OF INTERNAL REVENUE FROM JUNE 30, 1928, UNTIL AFTER SEPTEMBER 8, 1928, AND THAT UNDER THE PROVISIONS OF THE WELCH ACT THE SALARY OF SAID POSITION WAS INCREASED FROM $1,680 TO $1,740, EFFECTIVE JULY 1, 1928.

IN DECISION OF JULY 16, 1930, A-32589, 10 COMP. GEN. 20, IT WAS STATED AS FOLLOWS:

IT WOULD SEEM TO BE THE CLEAR INTENT AND PURPOSE OF THIS BROOKHART ACT, CONSIDERED AS A WHOLE, TO GRANT TO ALL EMPLOYEES WITHIN THE GRADES INVOLVED WHO WERE ADVANCED LESS THAN TWO STEPS OR SALARY RATES EFFECTIVE JULY 1, 1928, IN THE GRADE HELD JUNE 30, 1928, SOLELY BY REASON OF THE PROVISIONS OF THE WELCH ACT OF MAY 28, 1928, AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD JULY 3, 1930, NOTWITHSTANDING ANY CHANGE IN STATUS BY PROMOTION, DEMOTION, ALLOCATION, REALLOCATION, TRANSFER, REINSTATEMENT, OR OTHERWISE--- EITHER WITHIN THE SAME GRADE OR FROM ONE GRADE TO ANOTHER WITHIN THE GRADES SPECIFIED--- WHICH OCCURRED IN THE INTERVAL BETWEEN JUNE 30, 1928, AND JULY 3, 1930, PROVIDED, ONLY, THAT THE GRADES HELD JUNE 30, 1928, AND THE GRADES HELD ON JULY 3, 1930, ARE BOTH WITHIN THOSE MENTIONED IN THE ACT.

THE STATUS OF THIS EMPLOYEE ON JUNE 30, 1928, AND ON JULY 3, 1930, FULFILLS THE CONDITIONS THUS SET FORTH, AND, AS SHE RECEIVED, OR WAS ENTITLED TO RECEIVE, JULY 1, 1928, AN INCREASE UNDER THE WELCH ACT OF ONLY ONE STEP OR SALARY RATE, SHE IS ENTITLED, UNDER THE TERMS OF THE BROOKHART SALARY ACT, TO RECEIVE AN ADDITIONAL STEP OR SALARY RATE IN THE GRADE HELD ON JULY 3, 1930, UNDER THE FEDERAL RADIO COMMISSION.