A-33146, NOVEMBER 13, 1930, 10 COMP. GEN. 216

A-33146: Nov 13, 1930

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

THE SALARY RATES OF ALL SUCH EMPLOYEES ARE REQUIRED TO BE ADJUSTED FROM A PER DIEM TO AN ANNUAL BASIS AND WITHIN GRADES OR SALARY RANGES. CLAIM THAT THE ACTION OF THE NAVY DEPARTMENT WITH RESPECT TO THEM IS NOT IN ACCORD WITH THE DECISION OF THE COMPTROLLER GENERAL IN REFERENCE (C). CLAIM THAT THE TWO SALARY STEPS TO WHICH THEY ARE ENTITLED ARE ONE STEP OF $100 AND ONE STEP OF $200. 3. THE ANNUAL PAY OF SUPERVISING DRAFTSMEN AT $11.90 IS $3. WHILE THE FIRST SALARY STEP IS $100. ATTENTION IS INVITED TO THE FACT THAT THE ACTS INVOLVED DO NOT SPECIFY THE SALARY STEPS. EACH SALARY STEP BETWEEN SUCCESSIVE SALARY RATES IS FOUND ONLY BY COMPUTATION. WHICH ARE $3. IT IS FOUND THAT THE CORRESPONDING SALARY STEP IS $100.

A-33146, NOVEMBER 13, 1930, 10 COMP. GEN. 216

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - NAVAL ESTABLISHMENT EMPLOYEES SECTION 2 OF THE ACT OF JULY 3, 1930, 46 STAT. 1005, CONSTITUTES THE ONLY STATUTORY AUTHORITY FOR FIXING THE SALARY RATES OF EMPLOYEES CARRIED UNDER GROUP 4-B, INCLUDING DRAFTING GROUPS, IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, AND NOT LATER THAN JANUARY 1, 1931, THE SALARY RATES OF ALL SUCH EMPLOYEES ARE REQUIRED TO BE ADJUSTED FROM A PER DIEM TO AN ANNUAL BASIS AND WITHIN GRADES OR SALARY RANGES, AND AT THE SPECIFIC RATES, PRESCRIBED IN THE SCHEDULES APPEARING IN THE CLASSIFICATION ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, NOVEMBER 13, 1930:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 10, 1930, REQUESTING DECISION ON A MATTER PRESENTED IN THE FOLLOWING LETTER, DATED AUGUST 20, 1930, SIGNED BY FIVE SUPERVISORY DRAFTSMEN EMPLOYED IN THE NORFOLK NAVY YARD:

1. THE NAVY DEPARTMENT, IN APPLYING THE BROOKHART SALARY ACT TO THE DRAFTSMEN OF THE FIELD SERVICE, HAS AWARDED TO SUPERVISING DRAFTSMEN AT $11.90 PER DIEM, TWO SALARY STEPS OF $100 EACH, AS STATED IN PARAGRAPH 6 OF REFERENCE (B).

2. THE UNDERSIGNED DRAFTSMEN OF THE CLASS MENTIONED ABOVE, CLAIM THAT THE ACTION OF THE NAVY DEPARTMENT WITH RESPECT TO THEM IS NOT IN ACCORD WITH THE DECISION OF THE COMPTROLLER GENERAL IN REFERENCE (C), AND CLAIM THAT THE TWO SALARY STEPS TO WHICH THEY ARE ENTITLED ARE ONE STEP OF $100 AND ONE STEP OF $200.

3. THE ANNUAL PAY OF SUPERVISING DRAFTSMEN AT $11.90 IS $3,724.70, AND THEY CLAIM THAT THIS PAY PLACES THEM IN SUCH A RELATIVE STANDING IN THE SALARY RATES, THAT, WHILE THE FIRST SALARY STEP IS $100, THE AWARD OF A SECOND SALARY STEP OF $100 CONSTITUTES AN AWARD OF A SALARY STEP THAT DOES NOT EXIST.

4. ATTENTION IS INVITED TO THE FACT THAT THE ACTS INVOLVED DO NOT SPECIFY THE SALARY STEPS. THEY NAME THE SALARY RATES, AND EACH SALARY STEP BETWEEN SUCCESSIVE SALARY RATES IS FOUND ONLY BY COMPUTATION. TO FIND THE FIRST SALARY STEP FOR THE SUPERVISING DRAFTSMAN AT $3,724.70, THIS PAY MUST BE COMPARED WITH THE NEAREST SALARY RATES, WHICH ARE $3,700 AND $3,800. IT IS FOUND THAT THE CORRESPONDING SALARY STEP IS $100, AND IT IS ALSO FOUND THAT NO FURTHER STEP OF $100 CAN BE AWARDED, AS THE PAY HAS NOW ADVANCED TO A NEW SALARY RATE FOR WHICH THE CORRESPONDING SALARY STEP IS $200.

5. IT IS CLAIMED THAT TO DEPRIVE AN EMPLOYEE OF HIS RELATIVE STANDING IN THE SALARY RATES, AS IS DONE BY THE DEPARTMENT IN REFERENCES (A) AND (B), IS TO DEPRIVE HIM OF THE PRINCIPLE BENEFIT TO WHICH HE IS ENTITLED, WHICH IS THAT OF RECEIVING THE LARGER SALARY STEPS AS HIS SALARY RATE ADVANCES, AND TO FURTHER DEPRIVE HIM OF THE BENEFIT DUE TO HIS STANDING ON JULY 3, 1930, AS AWARDED HIM BY THE COMPTROLLER GENERAL IN REFERENCE (C).

6. IT IS CLEAR FROM THE DECISION IN REFERENCE (C) AND FROM ACTUAL CASES, THAT HAD THE SUPERVISING DRAFTSMEN RECEIVED ONE SALARY STEP OF $100 UNDER THE WELCH ACT, THEY WOULD NOW RECEIVE WITHOUT QUESTION ONE ADDITIONAL STEP OF $200 UNDER THE BROOKHART ACT, FOR THE REASON THAT THE FIRST-NAMED STEP WOULD HAVE RESULTED IN ANNUAL PAY FIXING, ON JULY 3, 1930, THE SECOND SALARY STEPS CLAIMED, WITHOUT REFERENCE TO THE QUESTION OF ALLOCATION. THE UNDERSIGNED CLAIM THAT THE FACT THAT NO SALARY STEP WAS RECEIVED UNDER THE WELCH ACT, AND THE FACT THAT THE TWO STEPS TO WHICH THEY ARE ENTITLED ARE NOW AWARDED SIMULTANEOUSLY, HAS NO ADVERSE EFFECT, EITHER IN EQUITY OR LAW, ON THE TOTAL AMOUNT AWARDED.

WITH REFERENCE TO THE MATTER YOU STATE:

THE CLAIMANTS ARE DRAFTSMEN IN THE FIELD SERVICE OF THE NAVY DEPARTMENT, WHO WERE EXCLUDED FROM THE PROVISIONS OF THE WELCH ACT, BUT WERE SPECIFICALLY INCLUDED IN THE PROVISIONS OF THE BROOKHART ACT AND ARE, THEREFORE, ENTITLED TO AN INCREASE IN SALARY EQUIVALENT TO TWO STEPS. THE DEPARTMENT DID NOT ALLOCATE DRAFTSMEN IN THE FIELD SERVICE OF THE DEPARTMENT TO THE GRADES OR SALARY RATES IN THE CLASSIFICATION ACT OF 1923 UNDER THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924. IN VIEW OF THE FACT THAT THE CLAIMANTS ARE PAID PER DIEM RATES IT WAS NECESSARY FOR THE DEPARTMENT TO FIX THE STEPS FOR INCREASES UNDER THE BROOKHART ACT AT THE NEAREST PER DIEM MULTIPLE OF THE NUMBER OF HOURS WORKED, NAMELY, SEVEN, IN COMPLIANCE WITH THE DECISION OF THE COMPTROLLER GENERAL OF FEBRUARY 7, 1927, EQUIVALENT TO THE $100 AND $200 STEPS IN THE CLASSIFICATION ACT OF 1923, AS AMENDED BY THE WELCH ACT AND THE BROOKHART ACT. THE DEPARTMENT FIXED $0.63 PER DIEM, WHICH MULTIPLIED BY 313 (NUMBER OF WORKING DAYS IN A YEAR) EQUALS $197.19, AS THE NEAREST MULTIPLE OF SEVEN CENTS EQUIVALENT TO TWO $100 STEPS; AND $1.26 PER DIEM OR $394.38 PER ANNUM AS THE NEAREST MULTIPLE OF SEVEN CENTS EQUIVALENT TO TWO $200 STEPS.

AS THE $200 STEPS IN GRADES P-4 AND CAF-11 OF THE CLASSIFICATION ACT, AS AMENDED, BEGIN WITH THE $3,800 RATE, THE DEPARTMENT USED THAT RATE AS THE DIVIDING LINE BETWEEN $100 AND $200 INCREMENTS AND APPLIED TWO $100 STEPS ($0.63 PER DIEM) TO DRAFTSMEN RATES UNDER $3,800 PER ANNUM AND TWO $200 STEPS TO THOSE RATES ABOVE $3,800 PER ANNUM. THE CLAIMANTS HOLD THAT THEY SHOULD HAVE HAD A ONE STEP INCREASE OF $100 ADDED TO THEIR RATE OF $11.90 PER DIEM ($3,724.70 PER ANNUM) AND A $200 STEP SUPERIMPOSED. THE DEPARTMENT HOLDS THAT, IN THE ABSENCE OF GRADE ALLOCATION, AN EQUIVALENT OF TWO $100 STEPS SHOULD BE ADDED TO THE RATE OF PAY HELD BY THE CLAIMANTS ON JULY 2, 1930, WHICH WAS DONE.

THE LAST PARAGRAPH OF SECTION 1 AND ALL OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1004, PROVIDE AS FOLLOWS:

THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT WHOSE DUTY IT IS TO CARRY INTO EFFECT THE PROVISIONS OF THIS ACT ARE HEREBY DIRECTED TO SO ADMINISTER THE SAME 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 RATES, WITHIN THE GRADE, AS MAY BE NECESSARY TO EQUAL SUCH INCREASE: PROVIDED, THAT NOTHING HEREIN SHALL PREVENT OR OPERATE TO REVOKE THE PROMOTION OR ALLOCATION FOR AN EMPLOYEE TO A HIGHER SALARY RATE OR GRADE: PROVIDED FURTHER, THAT NOTHING CONTAINED IN THIS ACT SHALL OPERATE TO DECREASE THE PAY OF ANY PRESENT EMPLOYEE, NOR DEPRIVE ANY EMPLOYEE OF ANY ADVANCEMENT AUTHORIZED BY LAW FOR WHICH FUNDS ARE AVAILABLE.

SEC. 2. 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. 604), 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. 673), AND BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA: PROVIDED, THAT THE TERMS OF THIS ACT SHALL APPLY TO EMPLOYEES CARRIED UNDER GROUP 4-B, INCLUDING DRAFTING GROUPS, IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, NOTWITHSTANDING THE FACT THAT THE COMPENSATION OF SUCH EMPLOYEES WAS NOT ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), OR THE ACT OF MAY 28, 1928 .S.C., SUPP. 3, TITLE 5, SEC. 673).

IN DECISION OF JUNE 27, 1928, 7 COMP. GEN. 828, THIS OFFICE HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE PROVISION OF SECTION 3 OF THE ACT OF MAY 28, 1928, 45 STAT. 785, AUTHORIZING THE ADJUSTMENT OF SALARY RATES OF CERTAIN FIELD POSITIONS TO CORRESPOND SO FAR AS PRACTICABLE TO THE RATES ESTABLISHED BY SAID ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, IS NOT APPLICABLE TO POSITIONS IN THE FIELD SERVICE OF THE NAVAL ESTABLISHMENT, THE SALARY RATES OF WHICH HAVE HERETOFORE BEEN FIXED IN ACCORDANCE WITH THE PROVISIONS OF THE ACTS OF JULY 16, 1862. 12 STAT. 587, AND MARCH 3, 1909, 35 STAT. 754, BUT IS APPLICABLE ONLY TO FIELD POSITIONS UNDER THE NAVAL ESTABLISHMENT WHICH HAVE HERETOFORE BEEN FIXED, OR AUTHORIZED TO BE FIXED, ADMINISTRATIVELY, UNDER THE ACT OF DECEMBER 6, 1924, 43 STAT. 704.

SECTION 2 OF THE BROOKHART SALARY ACT, SUPRA, APPLICABLE TO THE FIELD SERVICES, REENACTS THE PROVISIONS OF SECTION 3 OF THE WELCH ACT AND SIMILAR PROVISIONS IN PRIOR ANNUAL APPROPRIATION ACTS IN WHICH CERTAIN NAVY YARD EMPLOYEES WERE NOT INCLUDED, THE CONGRESS NOW MAKING THE REQUIREMENTS MANDATORY RATHER THAN DISCRETIONARY AS UNDER THE WELCH ACT (10 COMP. GEN. 20, 25), AND EXPRESSLY INCLUDING "EMPLOYEES CARRIED UNDER GROUP 4-B, INCLUDING DRAFTING GROUPS, IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, NOTWITHSTANDING THE FACT THAT THE COMPENSATION OF SUCH EMPLOYEES WAS NOT ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 704), OR THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673).' HENCE, THE CLEAR PURPOSE AND INTENT OF THE PROVISO TO SECTION 2 OF THE BROOKHART SALARY ACT IS TO EXTEND THE SAME MODIFIED CLASSIFICATION REQUIREMENTS MADE APPLICABLE TO OTHER FIELD SERVICES BY THE WELCH ACT, AND PRIOR ANNUAL STATUTES, TO THE CLASSES OF CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT MENTIONED THEREIN.

EARLIER DECISIONS BY THIS OFFICE HAVE ANNOUNCED GENERAL PRINCIPLES FOR APPLYING THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, AND SUBSEQUENT STATUTES, AUTHORIZING THE HEADS OF DEPARTMENTS TO ADJUST THE COMPENSATION RATES OF FIELD EMPLOYEES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO RATES ESTABLISHED BY THE CLASSIFICATION ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA. IN DECISION OF JANUARY 22, 1925, 4 COMP. GEN. 625, 626, IT WAS STATED AS FOLLOWS:

THE SCHEDULE OF SALARIES PROVIDED IN THE CLASSIFICATION ACT OF 1923, PRIOR TO THE PASSAGE OF THE ACT OF DECEMBER 6, 1924, WAS ONLY APPLICABLE TO PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA. THE EFFECT OF THE LATTER ACT IS NOT TO EXTEND THE PROVISIONS OF THE CLASSIFICATION ACT ABSOLUTELY AND PERMANENTLY TO THE FIELD FORCE, BUT TO ENABLE THE HEADS OF DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE RATES OF COMPENSATION IN CERTAIN FIELD SERVICES TO CORRESPOND WITH THE RATES FIXED BY THE CLASSIFICATION ACT SO FAR AS PRACTICABLE FOR THE FISCAL YEAR 1925.

THE DUTIES AND RESPONSIBILITIES OF A POSITION WILL DETERMINE THE CLASS TO WHICH SUCH POSITION BELONGS AND THE GRADE TO WHICH IT SHOULD BE ALLOCATED, REGARDLESS OF WHETHER THE POSITION IS TO BE FILLED BY PRESIDENTIAL APPOINTMENT OR OTHERWISE. 4 COMP. GEN. 326. AFTER DETERMINING THE CORRESPONDING GRADE UNDER THE CLASSIFICATION ACT TO WHICH A GIVEN FIELD SERVICE POSITION SHOULD BE ALLOCATED, THE SALARY OF THE PERSON HOLDING SAID POSITION SHOULD THEN BE FIXED IN ACCORDANCE WITH THE RULES LAID DOWN IN SECTION 6 OF THE CLASSIFICATION ACT. * * *

SEE, ALSO, DECISION OF DECEMBER 2, 1929, 9 COMP. GEN. 229, 231, CONSTRUING SECTION 3 OF THE WELCH ACT, WHEREIN IT WAS STATED AS FOLLOWS:

* * * BY SAID ACT ALL POSITIONS ARE REQUIRED TO BE PLACED OR ALLOCATED BY THE ADMINISTRATIVE OFFICE IN CERTAIN GRADES WITH A DEFINITE RANGE OF SALARY RATES CORRESPONDING WITH THE GRADE AND SALARY RANGE FIXED BY THE CLASSIFICATION ACT AS AMENDED FOR THE SAME OR SIMILAR POSITIONS IN THE DISTRICT OF COLUMBIA, AS NEAR AS MAY BE PRACTICABLE. IF THERE ARE NO POSITIONS IN THE DISTRICT OF COLUMBIA CORRESPONDING IDENTICALLY WITH CERTAIN POSITIONS IN THE LIGHTHOUSE SERVICE, THE POSITION MUST NEVERTHELESS BE PLACED OR ALLOCATED IN A DEFINITE GRADE AND THE SALARY RATES FIXED FOR THE POSITIONS MUST BE AT ONE OF THE SALARY RATES PRESCRIBED IN THE RANGE FOR THE GRADE. INCREASES OR DECREASES IN COMPENSATION MAY BE ONLY AT A SALARY RATE PRESCRIBED FOR THE SAME GRADE, UNLESS FOR GOOD CAUSE SHOWN THE POSITION IS REPLACED OR REALLOCATED BY THE ADMINISTRATIVE OFFICE IN ANOTHER GRADE. * * *

SEE, ALSO, 4 COMP. GEN. 1077; 5 ID. 235. THE PRINCIPLES FOR APPLYING SECTION 3 OF THE WELCH ACT AND SECTION 2 OF THE BROOKHART SALARY ACT, WITH THE EXCEPTION THAT THE RATES HAVE BEEN CHANGED AND THE REQUIREMENTS ARE MANDATORY, ARE THE SAME AS STATED IN THE PRIOR DECISIONS UNDER THE EARLIER LAWS.

THERE ARE NO PER DIEM SALARY RATES IN THE SCHEDULES PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT OR ANY OF ITS AMENDMENTS, AND, ACCORDINGLY, NO PER DIEM SALARY RATES MAY BE FIXED FOR EMPLOYEES TO WHOM SECTION 2 OF THE BROOKHART SALARY ACT APPLIES. 4 COMP. GEN. 374; 5 ID. 567, 569. SEE, PARTICULARLY, DECISION OF SEPTEMBER 29, 1930, A 33061, APPLICABLE TO THE MINT SERVICE, WHEREIN IT WAS STATED:

EVEN IF SUFFICIENT EVIDENCE WERE PRESENTED TO JUSTIFY BRINGING THESE MINT SERVICE EMPLOYEES WITHIN THE EXCEPTIONS OF SECTION 5 OF THE CLASSIFICATION ACT AND OTHERWISE WITHIN THE TERMS OF THAT STATUTE AS EXTENDED TO THE FIELD SERVICE, THEIR SALARY RATES WOULD BE REQUIRED TO BE ADJUSTED ON AN ANNUAL BASIS WITH NO OVERTIME PAY, ETC., UNLESS OTHERWISE SPECIFICALLY PROVIDED BY STATUTE. SEE 4 COMP. GEN. 374.

PER DIEM RATES WERE AUTHORIZED IN THE CASE OF CONSULTING ENGINEERS, FIELD EXPERTS, TEMPORARY OR SEASONAL EMPLOYEES AND OTHER EMPLOYEES WORKING FOR SHORT PERIODS WHO WERE NOT A PART OF THE REGULAR FORCE OF EMPLOYEES. COMP. GEN. 877; 4 ID. 755; 5 ID. 73; ID. 136; ID. 231; ID. 303; 8 ID. 379. HOWEVER, THESE DECISIONS REQUIRED THAT THE PER DIEM RATE BE COMPUTED ON THE BASIS OF A PER ANNUM RATE WITH 360 DAYS TO THE YEAR AND IT WAS NOT RECOGNIZED THAT THE REGULAR FORCE OF EMPLOYEES MIGHT BE PAID ON A PER DIEM BASIS. THEREFORE, IT MUST BE HELD THAT SECTION 2 OF THE BROOKHART SALARY ACT IS NOW THE ONLY STATUTORY AUTHORITY FOR FIXING THE SALARY RATES OF EMPLOYEES UNDER THE NAVAL ESTABLISHMENT THEREIN MENTIONED, AND, WITH RESPECT TO THOSE EMPLOYEES, SUPERSEDES THE ACT OF JULY 16, 1862, 12 STAT. 587, AND SO MUCH OF THE ACT OF MARCH 3, 1909, 35 STAT. 754, AS GRANTS AN ELECTION TO THE SECRETARY OF THE NAVY TO FIX RATES OF PAY ON A PER DIEM BASIS FOR THOSE EMPLOYEES IN THE CLERICAL, DRAFTING, INSPECTION, AND MESSENGER FORCE AS ARE INCLUDED IN GROUP 4-B. YOU ARE ADVISED, THEREFORE, THAT AS SOON AS PRACTICABLE AND NOT LATER THAN JANUARY 1, 1931, WHICH, IT IS UNDERSTOOD, WILL BE THE DATE OF ISSUANCE OF ANY NEW SCHEDULE OF WAGES FOR THE CALENDAR YEAR 1931, THE SALARY RATES OF ALL EMPLOYEES AFFECTED HEREBY ARE REQUIRED TO BE ADJUSTED, UNDER THE PRINCIPLES ABOVE STATED FROM PRIOR DECISIONS, TO AN ANNUAL BASIS AND WITHIN GRADES OR SALARY RANGES AND AT THE SPECIFIC RATES PRESCRIBED IN THE SCHEDULES APPEARING IN THE CLASSIFICATION ACT. IT IS SUGGESTED THAT THE FIELD SURVEY MADE BY THE PERSONNEL CLASSIFICATION BOARD MIGHT BE HELPFUL IN THIS CONNECTION IN SO FAR AS THE SAME COVERS THE EMPLOYEES AFFECTED THEREBY.

PARTICULAR ATTENTION IS INVITED TO THE SAVING CLAUSE AGAINST REDUCTIONS IN COMPENSATION, APPEARING IN THE LAST PROVISO TO PARAGRAPH FROM SECTION 1 OF THE BROOKHART SALARY ACT ABOVE QUOTED. A SIMILAR SAVING CLAUSE APPEARED IN THE WELCH ACT WHICH WAS HELD TO BE APPLICABLE TO THE FIELD SERVICE. 8 COMP. GEN. 154; ID. 279. OF COURSE, THE SAVING CLAUSE IN THE BROOKHART SALARY ACT WOULD BE EFFECTIVE ONLY FROM ITS DATE, TO WIT, JULY 3, 1930.

CURRENT SALARY RATES ON A PER DIEM BASIS WILL NOT BE QUESTIONED IN THE AUDIT PRIOR TO JANUARY 1, 1931.