A-34464, A-34882, JANUARY 23, 1931, 10 COMP. GEN. 322

A-34464,A-34882: Jan 23, 1931

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IS NOT APPLICABLE TO EMPLOYEES UNDER THE NAVAL ESTABLISHMENT IN THE PHILIPPINE ISLANDS. OTHER NAVAL ACTIVITIES BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES WHO ARE PAID ON NATIVE OR ALIEN SCHEDULES. IS APPLICABLE TO NATIVE EMPLOYEES UNDER THE NAVAL ESTABLISHMENT IN THE PHILIPPINE ISLANDS. WHO ARE PAID ON NATIVE AND ALIEN SCHEDULES. SECTION 2 OF THE BROOKHART SALARY ACT PROVIDES AS FOLLOWS: 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. NOTWITHSTANDING THE FACT THAT THE COMPENSATION OF SUCH EMPLOYEES WAS NOT ADJUSTED BY THE ACT OF DECEMBER 6.

A-34464, A-34882, JANUARY 23, 1931, 10 COMP. GEN. 322

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - NAVAL ESTABLISHMENT EMPLOYEES THE PROVISION OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, EXTENDING THE PRINCIPLES OF CLASSIFICATION THROUGH ADMINISTRATIVE ACTION TO EMPLOYEES COMING UNDER GROUP 4-B, INCLUDING DRAFTING GROUPS IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENT, IS NOT APPLICABLE TO EMPLOYEES UNDER THE NAVAL ESTABLISHMENT IN THE PHILIPPINE ISLANDS, GUAM, SAMOA, VIRGIN ISLANDS, PANAMA CANAL ZONE, AND OTHER NAVAL ACTIVITIES BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES WHO ARE PAID ON NATIVE OR ALIEN SCHEDULES.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE NAVY, JANUARY 23, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 10, 1931, REQUESTING DECISION WHETHER SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, IS APPLICABLE TO NATIVE EMPLOYEES UNDER THE NAVAL ESTABLISHMENT IN THE PHILIPPINE ISLANDS, GUAM, SAMOA, VIRGIN ISLANDS, PANAMA CANAL ZONE, AND OTHER NAVAL ACTIVITIES BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES, WHO ARE PAID ON NATIVE AND ALIEN SCHEDULES.

SECTION 2 OF THE BROOKHART SALARY ACT PROVIDES AS FOLLOWS:

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 (U.S.C., SUPP. 3, TITLE 5, SEC. 673).

IN DECISION OF NOVEMBER 13, 1930, 10 COMP. GEN. 216, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

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.

IN PUTTING THIS DECISION INTO EFFECT THE NAVY DEPARTMENT HAS EXCEPTED IN ITS CIRCULAR OF DECEMBER 31, 1930, PAGE 1, PARAGRAPH 1, EMPLOYEES "BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES PAID UNDER NATIVE AND ALIEN SCHEDULES.' WHILE SECTION 2 OF THE BROOKHART SALARY ACT, ABOVE QUOTED, IS BROAD ENOUGH TO EMBRACE ALL EMPLOYEES CARRIED UNDER GROUP 4-B, INCLUDING DRAFTING GROUPS, IN THE SCHEDULE OF WAGES FOR CIVIL EMPLOYEES UNDER THE NAVAL ESTABLISHMENTS, AND MAKES NO DISTINCTION BETWEEN DIFFERENT CLASSES OF EMPLOYEES WHO COME WITHIN SAID GROUP 4-B, NEVERTHELESS I AM CONSTRAINED TO VIEW THE MATTER, AS YOU HAVE DONE, THAT THE CONGRESS COULD NOT HAVE INTENDED TO INCLUDE EMPLOYEES BEYOND THE CONTINENTAL LIMITS OF THE UNITED STATES THERETOFORE PAID UNDER NATIVE AND ALIEN SCHEDULES WHICH ARE NOT AT ALL COMPARABLE WITH THE SCHEDULES ESTABLISHED BY THE CLASSIFICATION ACT FOR POSITIONS IN THE DISTRICT OF COLUMBIA. THE ENTIRE BASIS OF THE CLASSIFICATION OF CIVILIAN EMPLOYEES, AND THE ESTABLISHMENT OF THE SALARY RATES PRESCRIBED BY THE CLASSIFICATION ACT, AS ORIGINALLY ENACTED AND AS AMENDED, HAVE BEEN ON THE AMERICAN STANDARD OF LIVING AND NOT ON THE STANDARDS MAINTAINED AMONG NATIVES LIVING IN THE INSULAR OR ISLAND POSSESSIONS OF THE UNITED STATES. THIS OFFICE HAS RECOGNIZED IN FORMER DECISIONS THAT THE ACT OF DECEMBER 6, 1924, FIRST PROVIDING FOR ADJUSTMENT IN THE FIELD SERVICE UNDER THE PRINCIPLES OF CLASSIFICATION, AND THE SUBSEQUENT ANNUAL STATUTES OF A SIMILAR CHARACTER, AS WELL AS SECTION 3 OF THE WELCH ACT, WERE NOT NECESSARILY FOR APPLICATION TO CIVILIAN EMPLOYEES OF THE GOVERNMENT SERVING ABROAD WHERE LIVING CONDITIONS WERE ENTIRELY DIFFERENT. SEE DECISION OF OCTOBER 6, 1925, 5 COMP. GEN. 235, CONSIDERING THE FIELD POSITIONS UNDER THE FOREIGN SERVICE OF THE DEPARTMENT OF COMMERCE, AND DECISION OF JANUARY 2, 1930, A-29353, CONSIDERING THE POSITIONS IN THE FOREIGN SERVICE UNDER THE UNITED STATES TARIFF COMMISSION. THE APPLICATION OF THIS PRINCIPLE TO THE INSTANT MATTER IS EVEN MORE JUSTIFIED BECAUSE OF THE FACT THAT THE NATIVE AND ALIEN SCHEDULES CONTAIN SALARY RATES, THE GREATER NUMBER OF WHICH ARE LESS THAN THE MINIMUM SALARY RATE OF $600 PER ANNUM ESTABLISHED BY THE SCHEDULE PRESCRIBED BY THE CLASSIFICATION ACT AS ORIGINALLY ENACTED AND AS AMENDED. YOU ARE ADVISED, THEREFORE, THAT THE QUESTION SUBMITTED IS ANSWERED IN THE NEGATIVE.

UNDER NAVY DEPARTMENT CIRCULAR LETTER OF DECEMBER 31, 1930, AND THE PRINCIPLE HEREIN ANNOUNCED, THE CLAIMS FOR FORTUNATO T. DIZON AND 72 OTHER CIVILIAN EMPLOYEES AT THE NAVAL STATION, CAVITE, P.I., FOR INCREASES IN COMPENSATION UNDER THE WELCH AND BROOKHART SALARY ACTS, ON WHICH ADMINISTRATIVE REPORT WAS MADE BY LETTER DATED NOVEMBER 12, 1930, MUST BE AND ARE DISALLOWED, AND THE EMPLOYEES SHOULD BE ADVISED ACCORDINGLY.