A-33047, AUGUST 25, 1930, 10 COMP. GEN. 91

A-33047: Aug 25, 1930

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CLASSIFICATION OF CIVILIAN EMPLOYEES - ADJUSTMENTS UNDER BROOKHART SALARY ACT AN EMPLOYEE WHO WOULD OTHERWISE HAVE BEEN ENTITLED ON JULY 1. WHO WAS ERRONEOUSLY DENIED THE INCREASE BY THE ADMINISTRATIVE OFFICE UNDER WHICH THE EMPLOYEE WAS THEN WORKING BECAUSE OF HOLDING A TEMPORARY POSITION JUNE 30. IS NOT ENTITLED TO AN INCREASE IN COMPENSATION UNDER THE BROOKHART SALARY ACT IN THE GRADE HELD JULY 3. AS FOLLOWS: YOUR DECISION IS REQUESTED AS TO WHETHER MR. IS ENTITLED TO TWO SALARY STEPSUNDER THE ACT OF JULY 3. BAKER WAS EMPLOYED IN THE FOREST SERVICE UNDER THE DEPARTMENT OF AGRICULTURE AS SENIOR ENGINEERING DRAFTSMAN. THIS TEMPORARY APPOINTMENT WAS TERMINATED ON JULY 11. BAKER DID NOT RECEIVE ANY BENEFITS UNDER THE WELCH ACT BECAUSE HE WAS OCCUPYING A TEMPORARY POSITION IN THE FIELD SERVICE OF THE FOREST SERVICE ON JULY 1.

A-33047, AUGUST 25, 1930, 10 COMP. GEN. 91

CLASSIFICATION OF CIVILIAN EMPLOYEES - ADJUSTMENTS UNDER BROOKHART SALARY ACT AN EMPLOYEE WHO WOULD OTHERWISE HAVE BEEN ENTITLED ON JULY 1, 1928, UNDER THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, TO AN INCREASE IN COMPENSATION OF TWO STEPS IN THE GRADE HELD JUNE 30, 1928, BUT WHO WAS ERRONEOUSLY DENIED THE INCREASE BY THE ADMINISTRATIVE OFFICE UNDER WHICH THE EMPLOYEE WAS THEN WORKING BECAUSE OF HOLDING A TEMPORARY POSITION JUNE 30, 1928, AND NOT BECAUSE OF A LACK OF APPROPRIATIONS, IS NOT ENTITLED TO AN INCREASE IN COMPENSATION UNDER THE BROOKHART SALARY ACT IN THE GRADE HELD JULY 3, 1930, UNDER ANOTHER DEPARTMENT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, AUGUST 25, 1930:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 14, 1930, AS FOLLOWS:

YOUR DECISION IS REQUESTED AS TO WHETHER MR. J. NEWTON BAKER, NOW EMPLOYED AS CHIEF ENGINEERING DRAFTSMAN, SP-8, AT $2,600 PER ANNUM, IN THE HYDROGRAPHIC OFFICE, NAVY DEPARTMENT, IS ENTITLED TO TWO SALARY STEPSUNDER THE ACT OF JULY 3, 1930 (BROOKHART ACT), IN CONSIDERATION OF THE OLLOWING:

ON APRIL 12, 1928, MR. BAKER WAS EMPLOYED IN THE FOREST SERVICE UNDER THE DEPARTMENT OF AGRICULTURE AS SENIOR ENGINEERING DRAFTSMAN, TEMPORARY, AT $1,860 PER ANNUM. THIS TEMPORARY APPOINTMENT WAS TERMINATED ON JULY 11, 1928, AND MR. BAKER ACCEPTED PROBATIONAL APPOINTMENT IN THE HYDROGRAPHIC OFFICE, NAVY DEPARTMENT, AS SENIOR ENGINEERING DRAFTSMAN AT $2,000 PER ANNUM, THE NEW ENTRANCE PAY FOR THAT RATING, EFFECTIVE JULY 19, 1928.

UNDER DATE OF AUGUST 11, 1930, THE CHIEF, DIVISION OF APPOINTMENTS, DEPARTMENT OF AGRICULTURE, WROTE THE NAVY DEPARTMENT, IN PART, AS FOLLOWS:

"* * * MR. BAKER DID NOT RECEIVE ANY BENEFITS UNDER THE WELCH ACT BECAUSE HE WAS OCCUPYING A TEMPORARY POSITION IN THE FIELD SERVICE OF THE FOREST SERVICE ON JULY 1, 1928. THE DEPARTMENT DID NOT ADJUST THE SALARIES OF TEMPORARY FIELD EMPLOYEES UNDER THE WELCH ACT.'

IN DECISION OF AUGUST 12, 1930, A-32852, 10 COMP. GEN. 71, ADDRESSED TO THE SECRETARY OF WAR, CONSIDERING THE STATUS OF EMPLOYEES WHO WERE IN A TEMPORARY STATUS JULY 1, 1928, IT WAS HELD AS FOLLOWS:

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, PUBLIC NO. 523, 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.

THE REPORT FROM THE DEPARTMENT OF AGRICULTURE, WHICH YOU QUOTE, SHOWS THAT IT WAS NOT BECAUSE OF THE LACK OF APPROPRIATIONS THAT TEMPORARY EMPLOYEES UNDER THAT DEPARTMENT WERE NOT GRANTED INCREASES UNDER THE WELCH ACT, BUT BECAUSE IT WAS THOUGHT TEMPORARY EMPLOYEES WERE NOT ENTITLED. THIS ADMINISTRATIVE CONSTRUCTION OF THE WELCH ACT WAS ERRONEOUS, AS IT WAS THE SALARIES OF THE POSITIONS THAT WERE INVOLVED AND NOT WHETHER THE EMPLOYEES WERE IN A PERMANENT OR TEMPORARY STATUS.

AS YOU REFER TO $2,000 PER ANNUM AS THE NEW ENTRANCE SALARY FOR THE RATING PREVIOUSLY HELD BY THIS EMPLOYEE UNDER THE DEPARTMENT OF AGRICULTURE, YOUR LETTER WOULD SEEM TO INDICATE THAT THIS EMPLOYEE WAS,ON JUNE 30, 1928, IN A TEMPORARY STATUS IN GRADE SP-6 IN THE FIELD SERVICE OF THE DEPARTMENT OF AGRICULTURE RECEIVING THE OLD MINIMUM SALARY OF THE GRADE, TO WIT, $1,860 PER ANNUM. IF SO, HE WAS ENTITLED AND SHOULD HAVE RECEIVED A SALARY RATE OF $2,000 PER ANNUM, THE NEW MINIMUM SALARY RATE OF SAID GRADE, EFFECTIVE JULY 1, 1928, OR AN INCREASE OF $140 PER ANNUM, THE AMOUNT OF THE NEXT TWO STEPS OR SALARY RATES ABOVE THAT RECEIVED IN THE GRADE HELD JUNE 30, 1928, AND THAT HE ACTUALLY RECEIVED SUCH SALARY AT LEAST FROM JULY 19, 1928. THEREFORE, IF THESE ARE THE FACTS, HE WOULD NOT BE ENTITLED TO ANY INCREASE UNDER THE TERMS OF THE BROOKHART SALARY ACT. SEE DECISION AUGUST 1, 1930, A 32808, 10 COMP. GEN. 49, AND AUGUST 8, 1930, A-32760, 10 COMP. GEN. 63.