A-37599, SEPTEMBER 24, 1931, 11 COMP. GEN. 110

A-37599: Sep 24, 1931

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CLASSIFICATION OF CIVILIAN EMPLOYEES - CHARWOMEN - SUPREME COURT OF THE DISTRICT OF COLUMBIA THE STATUTORY PROVISION IN THE APPROPRIATION ACT UNDER WHICH THE COMPENSATION OF CHARWOMEN WORKING PART TIME AT THE COURTHOUSE OCCUPIED BY THE SUPREME COURT OF THE DISTRICT OF COLUMBIA IS . UNLESS WORK IS PERFORMED ON THOSE DAYS. EXCEPTIONS WERE TAKEN TO SUCH PAYMENTS IN THE MARSHAL'S ACCOUNTS FOR THE QUARTER ENDED SEPTEMBER 30. IT APPEARING THAT AS TO CERTAIN OF THE EMPLOYEES THE ANNUAL RATE WAS COMPUTED ON THE BASIS OF 45 CENTS PER HOUR AND AS TO OTHERS ON THE BASIS OF 50 CENTS PER HOUR. THAT THE TOTAL COMPENSATION PAID HAD BEEN COMPUTED BY INCLUDING TIME ON HOLIDAYS WHEN NO WORK WAS PERFORMED.

A-37599, SEPTEMBER 24, 1931, 11 COMP. GEN. 110

CLASSIFICATION OF CIVILIAN EMPLOYEES - CHARWOMEN - SUPREME COURT OF THE DISTRICT OF COLUMBIA THE STATUTORY PROVISION IN THE APPROPRIATION ACT UNDER WHICH THE COMPENSATION OF CHARWOMEN WORKING PART TIME AT THE COURTHOUSE OCCUPIED BY THE SUPREME COURT OF THE DISTRICT OF COLUMBIA IS ,TO BE EXPENDED UNDER THE DIRECTION OF THE ATTORNEY GENERAL" MERELY FIXES THE ADMINISTRATIVE RESPONSIBILITY FOR EXPENDITURES UNDER THE APPROPRIATION, AND DOES NOT AUTHORIZE THE FIXING OF SALARY RATES OF SUCH EMPLOYEES OTHERWISE THAN UNDER THE TERMS OF THE CLASSIFICATION ACT AT AN HOURLY RATE FOR THE TIME ACTUALLY WORKED, EXCLUSIVE OF SUNDAYS AND HOLIDAYS, UNLESS WORK IS PERFORMED ON THOSE DAYS.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, SEPTEMBER 24, 1931:

IN THE AUDIT OF THE ACCOUNTS OF E. C. SNYDER, UNITED STATES MARSHAL FOR THE DISTRICT OF COLUMBIA, THERE HAS ARISEN THE QUESTION AS TO THE LEGALITY OF COMPENSATION PAYMENTS MADE ON AN ANNUAL BASIS TO CHARWOMEN WORKING PART TIME AT THE COURTHOUSE OCCUPIED BY THE SUPREME COURT OF THE DISTRICT OF COLUMBIA. EXCEPTIONS WERE TAKEN TO SUCH PAYMENTS IN THE MARSHAL'S ACCOUNTS FOR THE QUARTER ENDED SEPTEMBER 30, 1930, MADE TO EVA H. RABE, ROSIE HOLT, CATHERINE CARROLL, MARY E. WATSON, LOUISE C. MICHAEL, AND ROSE PARKER, CHARWOMEN WORKING PART TIME, IT APPEARING THAT AS TO CERTAIN OF THE EMPLOYEES THE ANNUAL RATE WAS COMPUTED ON THE BASIS OF 45 CENTS PER HOUR AND AS TO OTHERS ON THE BASIS OF 50 CENTS PER HOUR, THE NUMBER OF HOURS' WORK NOT BEING SHOWN. IT APPEARS, ALSO, THAT THE TOTAL COMPENSATION PAID HAD BEEN COMPUTED BY INCLUDING TIME ON HOLIDAYS WHEN NO WORK WAS PERFORMED.

WITH REFERENCE TO THESE PAYMENTS, THE MARSHALL REPLIED IN LETTER OF AUGUST 15, 1931:

THESE EMPLOYEES ARE PAID ON AN ANNUAL BASIS AFTER PROPER AUTHORIZATION BY THE ATTORNEY GENERAL.

WHILE IT HAS BEEN STATED THAT THE CHARWOMEN WORK THREE HOURS A DAY, INCLUDING SATURDAYS, IT SHOULD BE UNDERSTOOD THAT THIS IS THE MINIMUM TIME; THEIR HOURS OF DUTY ARE MORE OR LESS IRREGULAR, DEPENDING UPON THE TIME THE JUDGES LEAVE THE BENCH, AND, FURTHERMORE, THE COURTS HAVE TO BE CLEARED BEFORE THE WORK OF CLEANING CAN BE STARTED. THE CHARWOMEN ARE REQUIRED TO FINISH THEIR WORK IRRESPECTIVE OF ANY DELAY, AND FOR THIS REASON IT WOULD BE IMPRACTICABLE TO MAINTAIN A RECORD OF THEIR WORK ON AN HOURLY BASIS.

THE APPROPRIATION FOR THE FISCAL YEAR 1931, UNDER WHICH THE PAYMENTS IN QUESTION WERE MADE, ACT OF JULY 3, 1930, 46 STAT. 977, PROVIDES AS FOLLOWS:

COURTHOUSE: FOR PERSONAL SERVICES FOR CARE AND PROTECTION OF THE COURTHOUSE, UNDER THE DIRECTION OF THE UNITED STATES MARSHAL OF THE DISTRICT OF COLUMBIA, $35,000, TO BE EXPENDED UNDER THE DIRECTION OF THE ATTORNEY GENERAL.

SEE, ALSO, THE APPROPRIATION OF $39,410 IN THE SAME TERMS FOR THE CURRENT FISCAL YEAR, ACT OF FEBRUARY 23, 1930, 46 STAT. 1402.

THE COMPENSATION OF EMPLOYEES PAID UNDER THESE APPROPRIATIONS IN THE DISTRICT OF COLUMBIA IS UNQUESTIONABLY SUBJECT TO THE PROVISIONS OF THE CLASSIFICATION ACT, AS AMENDED BY THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, 1004, WHEREIN IT IS PROVIDED AS FOLLOWS:

* * * PROVIDED, THAT CHARWOMEN WORKING PART TIME BE PAID AT THE RATE OF 50 CENTS AN HOUR AND HEAD CHARWOMEN AT THE RATE OF 55 CENTS AN HOUR.

THE BUDGET FOR THE FISCAL YEAR 1931, PAGE 1435, AND FOR THE FISCAL YEAR 1932, PAGE 656, SHOWS THAT THE ESTIMATES FOR THE SALARIES OF EMPLOYEES UNDER THE ABOVE HEADING WERE BASED UPON THE TERMS OF THE CLASSIFICATION ACT, ALTHOUGH THE COMPENSATION OF PART-TIME CHARWOMEN WAS ITEMIZED ON AN ANNUAL BASIS.

IN DECISION OF JULY 26, 1930, 10 COMP. GEN. 39, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE PER HOUR RATES FIXED BY THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003, AT 50 AND 55 CENTS, ARE THE ONLY RATES FIXED BY STATUTE ON AND AFTER JULY 3, 1930, FOR POSITIONS OF CHARWOMEN WORKING PART TIME, AND HEAD CHARWOMEN, RESPECTIVELY, WHOSE POSITIONS ARE IN GRADE CU-2, SUPERSEDING THE RATES FIXED BY THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, AND THE INCREASED RATES FIXED BY THE BROOKHART SALARY ACT ARE PAYABLE REGARDLESS OF THE STATUS OF THE EMPLOYEES ON JUNE 30, 1928.

IN DECISION OF JULY 14, 1924, 4 COMP. GEN. 51, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

THE PAY OF CHARWOMEN WHOSE COMPENSATION IS FIXED UNDER THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, AT A RATE PER HOUR, IS TO BE COMPUTED ON THE NUMBER OF HOURS ACTUALLY EMPLOYED DURING THE PERIOD IN QUESTION, AND NO PAY FOR SUNDAYS OR HOLIDAYS IS AUTHORIZED UNLESS SERVICES ARE ACTUALLY PERFORMED ON SUCH DAYS.

CONTRARY TO THE APPARENT UNDERSTANDING OF THE MARSHAL, THE STATUTORY PROVISION THAT THE APPROPRIATION UNDER WHICH THE SALARIES OF THESE EMPLOYEES ARE PAID IS "TO BE EXPENDED UNDER THE DIRECTION OF THE ATTORNEY GENERAL," DOES NOT AUTHORIZE THE FIXING OF SALARY RATES OF EMPLOYEES OTHERWISE THAN UNDER THE TERMS AND PROVISIONS OF THE CLASSIFICATION ACT, BUT MERELY FIXES THE ADMINISTRATIVE RESPONSIBILITY FOR EXPENDITURES UNDER THE APPROPRIATION.

PAYMENTS TO THESE CHARWOMEN ON AN ANNUAL BASIS FOR PERIODS PRIOR TO OCTOBER 1, 1931, WILL NOT NOW BE DISTURBED, BUT FOR SUCH SERVICES ON AND AFTER THAT DATE, CREDIT WILL BE ALLOWED IN THE ACCOUNTS OF THE MARSHAL OF THE DISTRICT OF COLUMBIA FOR PAYMENTS OF COMPENSATION TO CHARWOMEN WORKING PART TIME ON AN HOURLY BASIS, ONLY, AT THE RATE PRESCRIBED BY THE CLASSIFICATION ACT AS AMENDED, AND ONLY FOR THE ACTUAL NUMBER OF HOURS WORKED, WHICH MUST BE SHOWN IN THE ACCOUNTS, EXCLUDING TIME ON SUNDAYS AND HOLIDAYS, WHEN NO WORK IS PERFORMED.