A-3619, AUGUST 25, 1924, 4 COMP. GEN. 202

A-3619: Aug 25, 1924

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1924: I HAVE YOUR LETTER OF JUNE 26. YOU ARE AUTHORIZED TO FIX RATES OF PAY FOR ALL EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE NOTWITHSTANDING THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923. COMPENSATION EITHER PARTY IS HEREBY GRANTED THE RIGHT OF APPEAL TO THE JOINT COMMITTEE ON PRINTING. ALL ACTS OR PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS OF THIS ACT ARE HEREBY REPEALED. UNDER THE CLERICAL- MECHANICAL SERVICE OF THAT ACT THERE IS INCLUDED. - * * * ALL CLASSES OF POSITIONS WHICH ARE NOT IN A RECOGNIZED TRADE OR CRAFT AND WHICH ARE LOCATED IN THE GOVERNMENT PRINTING OFFICE * * *. UNDER THE FIRST SUBHEADING IS THE FOLLOWING: SALARIES: PUBLIC PRINTER. UNDER THE SECOND SUBHEADING IS PROVIDED THE WORKING CAPITAL FOR THE EXECUTION OF PRINTING.

A-3619, AUGUST 25, 1924, 4 COMP. GEN. 202

CLASSIFICATION OF CIVILIAN EMPLOYEES - GOVERNMENT PRINTING OFFICE THE ACT OF JUNE 7, 1924, 43 STAT. 658, ENTITLED "AN ACT TO REGULATE AND FIX RATES OF PAY FOR EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE," SUPERSEDES THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, IN SO FAR AS IT APPLIED TO PERSONAL SERVICES UNDER THE APPROPRIATION HEADING "PUBLIC PRINTING AND BINDING," BUT DID NOT REPEAL OR SUPERSEDE THE CLASSIFICATION ACT OF 1923 OR THE APPROPRIATION ACT OF JUNE 7, 1924, 43 STAT. 590, IN SO FAR AS THEY RELATE TO THE ADMINISTRATIVE FORCES EMPLOYED UNDER THE APPROPRIATIONS "OFFICE OF THE PUBLIC PRINTER" AND "OFFICE OF SUPERINTENDENT OF DOCUMENTS.'

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, AUGUST 25, 1924:

I HAVE YOUR LETTER OF JUNE 26, 1924, REQUESTING DECISION WHETHER, IN VIEW OF THE PROVISIONS OF THE ACT OF JUNE 7, 1924, 43 STAT. 658, YOU ARE AUTHORIZED TO FIX RATES OF PAY FOR ALL EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE NOTWITHSTANDING THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923.

THE ACT OF JUNE 7, 1924, 43 STAT. 658, PROVIDES AS FOLLOWS:

THAT ON AND AFTER JULY 1, 1924, THE PUBLIC PRINTER MAY EMPLOY, AT SUCH RATES OF WAGES AND SALARIES, INCLUDING COMPENSATION FOR NIGHT AND OVERTIME WORK, AS HE MAY DEEM FOR THE INTEREST OF THE GOVERNMENT AND JUST TO THE PERSONS EMPLOYED, EXCEPT AS OTHERWISE PROVIDED HEREIN, SUCH JOURNEYMEN, APPRENTICES, LABORERS AND OTHER PERSONS AS MAY BE NECESSARY FOR THE WORK OF THE GOVERNMENT PRINTING OFFICE; BUT HE SHALL NOT, AT ANY TIME, EMPLOY MORE PERSONS THAN THE NECESSITIES OF THE PUBLIC WORK MAY REQUIRE OR MORE THAN TWO HUNDRED APPRENTICES AT ANY ONE TIME: PROVIDED, THAT ON AND AFTER JULY 1, 1924, THE MINIMUM PAY OF ALL JOURNEYMEN PRINTERS, PRESSMEN, AND BOOKBINDERS EMPLOYED IN THE GOVERNMENT PRINTING OFFICE SHALL BE AT THE RATE OF 90 CENTS AN HOUR FOR THE TIME ACTUALLY EMPLOYED: PROVIDED FURTHER, THAT EXCEPT AS HEREINBEFORE PROVIDED, THE RATES OF WAGES, INCLUDING COMPENSATION FOR NIGHT AND OVERTIME WORK, FOR MORE THAN TEN EMPLOYEES OF THE SAME OCCUPATION SHALL BE DETERMINED BY A CONFERENCE BETWEEN THE PUBLIC PRINTER AND A COMMITTEE SELECTED BY THE TRADES AFFECTED, AND THE RATES AND COMPENSATION SO AGREED UPON SHALL BECOME EFFECTIVE UPON APPROVAL BY THE JOINT COMMITTEE ON PRINTING; IF THE PUBLIC PRINTER AND THE COMMITTEE REPRESENTING ANY TRADE FAIL TO AGREE AS TO WAGES, SALARIES, AND COMPENSATION EITHER PARTY IS HEREBY GRANTED THE RIGHT OF APPEAL TO THE JOINT COMMITTEE ON PRINTING, AND THE DECISION OF SAID COMMITTEE SHALL BE FINAL; THE WAGES, SALARIES, AND COMPENSATION DETERMINED AS PROVIDED HEREIN SHALL NOT BE SUBJECT TO CHANGE OFTENER THAN ONCE A YEAR THEREAFTER: PROVIDED FURTHER, THAT EMPLOYEES AND OFFICERS OF THE GOVERNMENT PRINTING OFFICE, UNLESS OTHERWISE HEREIN FIXED, SHALL CONTINUE TO BE PAID AT THE RATES OF WAGES, SALARIES, AND COMPENSATION (INCLUDING NIGHT RATE) NOW AUTHORIZED BY LAW UNTIL SUCH TIME AS THEIR WAGES, SALARIES, AND COMPENSATION SHALL BE DETERMINED AS HEREINBEFORE PROVIDED.

SEC. 2. ALL ACTS OR PARTS OF ACTS IN CONFLICT WITH THE PROVISIONS OF THIS ACT ARE HEREBY REPEALED.

SECTION 2 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, EXPRESSLY INCLUDES THE GOVERNMENT PRINTING OFFICE, AND UNDER THE CLERICAL- MECHANICAL SERVICE OF THAT ACT THERE IS INCLUDED---

* * * ALL CLASSES OF POSITIONS WHICH ARE NOT IN A RECOGNIZED TRADE OR CRAFT AND WHICH ARE LOCATED IN THE GOVERNMENT PRINTING OFFICE * * *.

THE ACT OF JUNE 7, 1924, 43 STAT. 590, MAKING APPROPRIATIONS FOR THE LEGISLATIVE BRANCH OF THE GOVERNMENT FOR THE FISCAL YEAR ENDING JUNE 30, 1925, PROVIDES, UNDER THE MAJOR HEADING OF ,GOVERNMENT PRINTING OFFICE," THREE SUBHEADINGS, VIZ,"OFFICE OF PUBLIC PRINTER," "PUBLIC PRINTING AND BINDING," AND "OFFICE OF SUPERINTENDENT OF DOCUMENTS.' UNDER THE FIRST SUBHEADING IS THE FOLLOWING:

SALARIES: PUBLIC PRINTER, $6,000; DEPUTY PUBLIC PRINTER, $4,500; FOR PERSONAL SERVICES IN ACCORDANCE WITH "THE CLASSIFICATION ACT OF 1923," $147,380; IN ALL $157,880.

UNDER THE SECOND SUBHEADING IS PROVIDED THE WORKING CAPITAL FOR THE EXECUTION OF PRINTING, BINDING, LITHOGRAPHING, ENGRAVING, AND OTHER AUTHORIZED WORK OF THE GOVERNMENT PRINTING OFFICE FOR THE VARIOUS BRANCHES OF THE GOVERNMENT, INCLUDING PROVISION FOR SALARIES, COMPENSATION, AND WAGES.

UNDER THE THIRD SUBHEADING IS THE FOLLOWING:

FOR THE SUPERINTENDENT OF DOCUMENTS, ASSISTANT SUPERINTENDENT, AND OTHER PERSONAL SERVICES IN ACCORDANCE WITH "THE CLASSIFICATION ACT OF 1923," $339,960.

AS PUBLIC NO. 276, 43 STAT. 658, AND PUBLIC NO. 225, 43 STAT. 590, WERE APPROVED THE SAME DAY, JUNE 7, 1924, IT IS NECESSARY, IF POSSIBLE, TO SO CONSTRUE THEIR PROVISIONS AS TO GIVE EFFECT TO BOTH.

PUBLIC NO. 276 DEALS WITH EMPLOYMENT OF "JOURNEYMEN APPRENTICES, LABORERS, AND OTHER PERSONS AS MAY BE NECESSARY FOR THE WORK OF THE GOVERNMENT PRINTING OFFICE.' IT FIXES THE MINIMUM PAY ON AND AFTER JULY 1, 1924, OF "ALL JOURNEYMEN PRINTERS, PRESSMEN, AND BOOKBINDERS.' PROVIDES FOR ADJUSTMENT IN THE RATES OF PAY, INCLUDING NIGHT AND OVERTIME WORK, ON THE BASIS OF A CONFERENCE BETWEEN A COMMITTEE APPOINTED BY THE "TRADES AFFECTED" AND THE PUBLIC PRINTER, SUBJECT TO THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING. THE ENTIRE TENOR OF THE ACT INDICATES THAT IT IS DEALING WITH THE VARIOUS TRADESMEN, LABORERS, ETC., EMPLOYED IN THE ACTUAL EXECUTION OF PRINTING, BINDING, ETC., CONSTITUTING THE WORK OF THE GOVERNMENT PRINTING OFFICE FOR THE VARIOUS BRANCHES OF THE GOVERNMENT SERVICE, UNDER THE APPROPRIATION HEADING "PUBLIC PRINTING AND BINDING.' ITS PURPOSE WAS TO ENABLE THE PUBLIC PRINTER, SUBJECT TO THE APPROVAL OF THE JOINT COMMITTEE ON PRINTING, TO ADJUST WAGES IN CONFERENCE WITH TRADESMEN EMPLOYED IN THE WORK OF THE GOVERNMENT PRINTING OFFICE SIMILAR TO THE PRACTICE IN PRIVATE PRINTING ESTABLISHMENTS. I FIND NOTHING IN THE ACT TO INDICATE THAT IT WAS INTENDED TO HAVE ANY APPLICATION TO ADMINISTRATIVE FORCES, SUCH AS CLERKS, STENOGRAPHERS, CATALOGUERS, ETC., APPROPRIATED FOR UNDER THE HEADINGS "OFFICE OF THE PUBLIC PRINTER," AND "OFFICE OF SUPERINTENDENT OF DOCUMENTS," PARTICULARLY IN VIEW OF THE EXPRESS PROVISION IN THE APPROPRIATIONS THAT SUCH PERSONAL SERVICES SHALL BE IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923. ACCORDINGLY, YOU ARE ADVISED THAT THE CLASSIFICATION ACT IS APPLICABLE TO THE ADMINISTRATIVE FORCE EMPLOYED UNDER AUTHORITY OF THE APPROPRIATIONS MADE UNDER THE SUBHEADINGS "OFFICE OF PUBLIC PRINTER" AND "OFFICE OF SUPERINTENDENT OF DOCUMENTS" AND THE ACT OF JUNE 7, 1924, 43 STAT. 658, RELATES ONLY TO PERSONAL SERVICES EMPLOYED UNDER THE AUTHORITY OF THE APPROPRIATION "PUBLIC PRINTING AND BINDING," AND, TO THAT EXTENT ONLY, SUPERSEDES THE CLASSIFICATION ACT OF 1923.