A-33314, SEPTEMBER 19, 1930, 10 COMP. GEN. 130

A-33314: Sep 19, 1930

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WHICH ARE IN AMOUNTS FROM $600 TO. WHICH ARE IN AMOUNTS UP TO AND INCLUDING $1. IS QUOTED A DECISION OF THE COMPTROLLER GENERAL IN WHICH IT IS STATED THAT CHARWOMEN WORKING PART TIME AND HEAD CHARWOMEN IN THE FIELD SERVICE WHOSE POSITIONS ARE COMPARABLE WITH SIMILAR POSITIONS IN THE DEPARTMENTAL SERVICE WHICH HAVE BEEN ALLOCATED IN GRADE CU 2. ARE ALL ENTITLED TO 50 AND 55 CENTS PER HOUR. WHICH ARE THE ONLY RATES AUTHORIZED BY STATUTE FOR SUCH POSITIONS ON AND AFTER JULY 3. THE SALARY RANGES FOR CHARWOMEN IS ALSO GIVEN AS FOLLOWS: CU 1 . AS THE PAY OF THE CHARWOMEN ON DUTY IN THIS OFFICE WHO ARE REQUIRED TO WORK A FULL DAY (8 HOURS A DAY) IS $900 AND DOES NOT FALL WITHIN ANY OF THE THREE SALARY RANGES GIVEN.

A-33314, SEPTEMBER 19, 1930, 10 COMP. GEN. 130

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE THERE WOULD BE NO AUTHORITY UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, TO ADJUST THE SALARY RATES OF FIELD SERVICE POSITIONS, CORRESPONDING TO POSITIONS IN THE CUSTODIAL SERVICE, WHICH ARE IN AMOUNTS FROM $600 TO, BUT NOT INCLUDING, $1,320 PER ANNUM, IN ANY EVENT; NOR SALARY RATES OF FIELD SERVICE POSITIONS CORRESPONDING TO POSITIONS IN GRADE CU-3, WHICH ARE IN AMOUNTS UP TO AND INCLUDING $1,500 PER ANNUM.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, SEPTEMBER 19, 1930:

THERE HAS BEEN RECEIVED A LETTER DATED SEPTEMBER 2, 1930, FROM LIEUT. COL. ALBERT T. RICH, ACTING QUARTERMASTER, ARMY BASE, BOSTON, MASS., FORWARDED THROUGH THE OFFICE OF THE QUARTERMASTER GENERAL, WASHINGTON, D.C., PRESUMABLY BY YOUR DIRECTION, AS FOLLOWS:

1. IN PAR. 3, LETTER W.D., QMGO, AUG. 26, 1930, QM 248.8 A-1-C-A, IS QUOTED A DECISION OF THE COMPTROLLER GENERAL IN WHICH IT IS STATED THAT CHARWOMEN WORKING PART TIME AND HEAD CHARWOMEN IN THE FIELD SERVICE WHOSE POSITIONS ARE COMPARABLE WITH SIMILAR POSITIONS IN THE DEPARTMENTAL SERVICE WHICH HAVE BEEN ALLOCATED IN GRADE CU 2, ARE ALL ENTITLED TO 50 AND 55 CENTS PER HOUR, RESPECTIVELY, WHICH ARE THE ONLY RATES AUTHORIZED BY STATUTE FOR SUCH POSITIONS ON AND AFTER JULY 3, 1930. THE SALARY RANGES FOR CHARWOMEN IS ALSO GIVEN AS FOLLOWS:

CU 1 ---------------------------------$600 TO $840

CU 2 --------------------------------- 1,080 TO 1,380

CU 3 --------------------------------- 1,200 TO 1,500

2. AS THE PAY OF THE CHARWOMEN ON DUTY IN THIS OFFICE WHO ARE REQUIRED TO WORK A FULL DAY (8 HOURS A DAY) IS $900 AND DOES NOT FALL WITHIN ANY OF THE THREE SALARY RANGES GIVEN, INQUIRY IS MADE AS TO THE RATE OF PAY EFFECTIVE IN THEIR CASE JULY 3, 1930.

THE RATES OF 50 AND 55 CENTS PER HOUR PRESCRIBED BY THE BROOKHART SALARY ACT FOR CHARWOMEN OCCUPYNG POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA IS LIMITED TO THOSE WORKING PART TIME, WHOSE POSITIONS HAVE BEEN ALLOCATED IN GRADE CU-2, AND HAS NO APPLICATION TO POSITIONS REQUIRING FULL-TIME SERVICE. SEE 10 COMP. GEN. 39. CONSEQUENTLY, THERE WOULD BE NO REQUIREMENT UNDER THE BROOKHART SALARY ACT THAT SUCH A RATE BE FIXED FOR CHARWOMEN WORKING FULL TIME IN THE FIELD SERVICE.

IN DECISION OF AUGUST 1, 1930, A-32808, 10 COMP. GEN. 49, IT WAS STATED AS FOLLOWS:

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

YOU ARE ADVISED, THEREFORE, THAT THERE IS NO AUTHORITY, UNDER THE PROVISIONS OF THE BROOKHART SALARY ACT, TO ADJUST THE SALARY RATES OF CHARWOMEN WORKING FULL TIME IN THE FIELD SERVICE WHICH WERE, ON JULY 3, 1930, FIXED AT $900 PER ANNUM.