A-34958, FEBRUARY 4, 1931, 10 COMP. GEN. 342

A-34958: Feb 4, 1931

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CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE FIELD EMPLOYEES TO WHOM THERE COULD HAVE BEEN GRANTED ON JULY 1. ARE NOT ENTITLED TO ANY INCREASE IN COMPENSATION UNDER THE TERMS OF THE BROOKHART SALARY ACT. AS FOLLOWS: THE FOLLOWING CASE IS PRESENTED FOR DECISION AS TO WHETHER THE EMPLOYEE IS ENTITLED TO INCREASE IN COMPENSATION UNDER THE BROOKHART ACT APPROVED JULY 3. WAS LAID OFF AT OWN REQUEST (ON ACCOUNT OF ILLNESS. AT THE TIME OF HER LAY OFF SHE WAS RECEIVING $1. A COPY OF THE APPROVAL OF THE SECRETARY OF WAR IS ENCLOSED. SHE WOULD HAVE RECEIVED ADMINISTRATIVE INCREASE TO $1. AS SHE WAS NOT IN PAY STATUS ON JUNE 30. SHE HAS NOT BEEN PAID THE INCREASE WHICH OTHERWISE WOULD HAVE BEEN ALLOWED HER UNDER THE BROOKHART ACT.

A-34958, FEBRUARY 4, 1931, 10 COMP. GEN. 342

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE FIELD EMPLOYEES TO WHOM THERE COULD HAVE BEEN GRANTED ON JULY 1, 1928, UNDER THE WELCH ACT, TWO STEPS OR SALARY RATES BASED ON THEIR GRADES AND SALARY RATES JUNE 30, 1928, AS PER SCHEDULE FOR ADJUSTING SALARY RATES UNDER THE WELCH ACT PUBLISHED IN DECISION OF JUNE 2, 1928, 7 COMP. GEN. 760, BUT TO WHOM THE ADMINISTRATIVE OFFICE GAVE ONLY ONE STEP OR SALARY RATE UNDER THE WELCH ACT, INADEQUACY OF APPROPRIATIONS NOT BEING THE REASON, ARE NOT ENTITLED TO ANY INCREASE IN COMPENSATION UNDER THE TERMS OF THE BROOKHART SALARY ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, FEBRUARY 4, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JANUARY 15, 1931, AS FOLLOWS:

THE FOLLOWING CASE IS PRESENTED FOR DECISION AS TO WHETHER THE EMPLOYEE IS ENTITLED TO INCREASE IN COMPENSATION UNDER THE BROOKHART ACT APPROVED JULY 3, 1930.

MISS MILDRED C. HOLLINGSWORTH, CLERK, ENGINEER DEPARTMENT AT LARGE, WILMINGTON, DEL., WAS LAID OFF AT OWN REQUEST (ON ACCOUNT OF ILLNESS, ALL HER REGULAR ANNUAL AND SICK LEAVE WITH PAY HAVING BEEN EXHAUSTED) ON APRIL 19, 1930. AT THE TIME OF HER LAY OFF SHE WAS RECEIVING $1,740 PER NNUM; HOWEVER, PRIOR TO HER LAY OFF, THIS OFFICE HAD RECOMMENDED AN INCREASE IN THE SALARY OF MISS HOLLINGSWORTH TO $1,800 PER ANNUM, EFFECTIVE JULY 1, 1930, AND THIS INCREASE HAD BEEN APPROVED BY THE SECRETARY OF WAR ON MAY 7, 1930. A COPY OF THE APPROVAL OF THE SECRETARY OF WAR IS ENCLOSED.

MISS HOLLINGSWORTH RETURNED TO DUTY ON SEPTEMBER 22, 1930, AND HAS BEEN PAID AT THE RATE OF $1,800 PER ANNUM SINCE THAT DATE.

MISS HOLLINGSWORTH RECEIVED AN INCREASE IN COMPENSATION OF ONE SALARY STEP FROM $1,620 TO $1,680 PER ANNUM ON JULY 1, 1928, UNDER THE PROVISIONS OF THE WELCH ACT. IF SHE HAD BEEN ON PAY STATUS ON JUNE 30,1930, SHE WOULD HAVE RECEIVED ADMINISTRATIVE INCREASE TO $1,800 PER ANNUM ON JULY 1, 1930, AND AN INCREASE TO $1,860 PER ANNUM ON JULY 3, 1930, UNDER THE PROVISIONS OF THE BROOKHART ACT. HOWEVER, AS SHE WAS NOT IN PAY STATUS ON JUNE 30, 1928, ALTHOUGH TECHNICALLY IN THE SERVICE, AN EMPLOYEE ON LAY OFF WITHOUT PAY BEING REGARDED AS IN THE SAME STATUS AS AN EMPLOYEE ON LEAVE WITHOUT PAY, SHE HAS NOT BEEN PAID THE INCREASE WHICH OTHERWISE WOULD HAVE BEEN ALLOWED HER UNDER THE BROOKHART ACT.

INFORMATION IS REQUESTED AS TO WHETHER HER COMPENSATION SHOULD BE CONSIDERED AS HAVING ADVANCED TO $1,800 PER ANNUM EFFECTIVE JULY 1, 1930, ALTHOUGH SHE WAS IN NONPAY STATUS ON THAT DATE, AND AS TO WHETHER SHE IS TO BE CONSIDERED AS ENTITLED TO FURTHER INCREASE TO $1,860 PER ANNUM UNDER THE PROVISIONS OF THE BROOKHART ACT, AND, THEREFORE, ENTITLED TO PAYMENT AT THE RATE OF $1,860 PER ANNUM FROM DATE OF HER REEMPLOYMENT ON SEPTEMBER 22, 1930, THE DATE OF HER RETURN TO PAY STATUS.

THE FACT THAT THE EMPLOYEE WAS IN A NONPAY STATUS ON JULY 1 AND/OR JULY 3, 1930, WOULD NOT DEFEAT HER RIGHT TO AN ADMINISTRATIVE PROMOTION AND/OR INCREASE UNDER THE TERMS OF THE BROOKHART SALARY ACT, IF OTHERWISE ENTITLED THERETO, EFFECTIVE UPON HER RETURN TO A PAY STATUS. 10 COMP. GEN. 102. THEREFORE, IF THE ADMINISTRATIVE PROMOTION TO $1,800 PER ANNUM APPROVED MAY 7, 1930, EFFECTIVE AS OF JULY 1, 1930, WAS PUT INTO EFFECT UPON HER RETURN TO DUTY SEPTEMBER 22, 1930, PAYMENTS IN ACCORDANCE THEREWITH WILL NOT BE QUESTIONED BY THIS OFFICE, IF OTHERWISE CORRECT AND PROPER.

IN DECISION OF AUGUST 12, 1930, 10 COMP. GEN. 71, 72, ADDRESSED TO YOU, IT WAS HELD:

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, 46 STAT. 1003.

IT APPEARS THAT ON JUNE 30, 1928, THIS EMPLOYEE WAS IN A FIELD GRADE OR SALARY RANGE CORRESPONDING TO GRADE CAF-3 AS PROVIDED BY THE CLASSIFICATION ACT, RECEIVING $1,620 PER ANNUM. REFERRING TO THE COMPARATIVE SCHEDULE FOR ADJUSTING SALARY RATES UNDER THE WELCH ACT, AS PUBLISHED IN DECISION OF JUNE 2, 1928, 7 COMP. GEN 760, 765, AN EMPLOYEE IN THAT STATUS ON JUNE 30, 1928, WAS ENTITLED TO--- THAT IS, COULD HAVE BEEN GRANTED--- AN INCREASE UNDER THE WELCH ACT OF TWO STEPS OR SALARY RATES IN SUCH GRADE, OR TO $1,740 PER ANNUM. THE REASON THE EMPLOYEE WAS NOT SO ADVANCED IS NOT SPECIFICALLY STATED, BUT NOTHING IS DISCLOSED TO SHOW THAT INADEQUACY OF APPROPRIATIONS WAS THE REASON, AND THE PRESUMPTION IS THAT THE INCREASE OF $60 WAS ALL THAT WAS NECESSARY TO MAKE THE ADJUSTMENT AUTHORIZED UNDER SECTION 3 OF THE WELCH ACT IN HER CASE.

ON THE BASIS OF YOUR SUBMISSION, THE EMPLOYEE IS NOT NOW ENTITLED TO ANY INCREASE UNDER THE TERMS OF THE BROOKHART SALARY ACT.