A-39539, DECEMBER 7, 1931, 11 COMP. GEN. 217

A-39539: Dec 7, 1931

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AS DISTINGUISHED FROM EMPLOYEES WHO ARE REGULARLY EMPLOYED PART TIME THROUGHOUT THE YEAR OR FOR SUBSTANTIAL PERIODS. WHOSE POSITIONS ARE SUBJECT TO THE PRINCIPLES OF CLASSIFICATION. WHICH SHOULD BE COMPUTED BY DIVIDING 1/360 OF THE MINIMUM SALARY RATE PRESCRIBED IN THE CLASSIFICATION ACT FOR A SIMILAR FULL-TIME POSITION BY THE NUMBER OF HOURS PER DAY THE ANNUAL EMPLOYEES ARE REGULARLY REQUIRED TO WORK. 11 COMP. AS FOLLOWS: THE DEPARTMENT IS IN RECEIPT OF A COPY OF NOTICE OF EXCEPTION ADDRESSED TO THOMAS L. THE FOLLOWING STATEMENT APPEARS ON THE NOTICE OF EXCEPTION: "THERE ARE NO PER HOUR SALARY RATES IN THE SCHEDULES PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT OF 1923 OR ANY OF ITS AMENDMENTS.

A-39539, DECEMBER 7, 1931, 11 COMP. GEN. 217

CLASSIFICATION OF CIVILIAN EMPLOYEES - FIELD SERVICE - PART-TIME EMPLOYEES TEMPORARY, SEASONAL, OR EMERGENCY FIELD EMPLOYEES WORKING PART TIME, AS DISTINGUISHED FROM EMPLOYEES WHO ARE REGULARLY EMPLOYED PART TIME THROUGHOUT THE YEAR OR FOR SUBSTANTIAL PERIODS, WHOSE POSITIONS ARE SUBJECT TO THE PRINCIPLES OF CLASSIFICATION, MAY BE PAID ON AN HOURLY BASIS, WHICH SHOULD BE COMPUTED BY DIVIDING 1/360 OF THE MINIMUM SALARY RATE PRESCRIBED IN THE CLASSIFICATION ACT FOR A SIMILAR FULL-TIME POSITION BY THE NUMBER OF HOURS PER DAY THE ANNUAL EMPLOYEES ARE REGULARLY REQUIRED TO WORK. 11 COMP. GEN. 211, DISTINGUISHED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, DECEMBER 7, 1931:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF NOVEMBER 13, 1931, AS FOLLOWS:

THE DEPARTMENT IS IN RECEIPT OF A COPY OF NOTICE OF EXCEPTION ADDRESSED TO THOMAS L. WALKER, COLLECTOR OF CUSTOMS AND SPECIAL DISBURSING AGENT, LOUISVILLE, KENTUCKY (SYMBOL 19365), DATED OCTOBER 22, 1931, TO A PAYMENT MADE TO EDWARD C. PETERS, JR., ON VOUCHER NO. 125, IN THE AUGUST ACCOUNT, AS TEMPORARY ELEVATOR-CONDUCTOR IN THE POST-OFFICE BUILDING AT LOUISVILLE, KENTUCKY, AT THE RATE OF 50 CENTS PER HOUR. THE FOLLOWING STATEMENT APPEARS ON THE NOTICE OF EXCEPTION:

"THERE ARE NO PER HOUR SALARY RATES IN THE SCHEDULES PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT OF 1923 OR ANY OF ITS AMENDMENTS, AND, ACCORDINGLY, NO PER HOUR SALARY RATES MAY BE FIXED FOR EMPLOYEES TO WHOM THE CLASSIFICATION ACT APPLIES. 4 COMP. GEN. 374; 5 ID. 567, 569; 10 ID. 216, 219.'

WHILE IT IS TRUE THAT THERE ARE NO PER HOUR RATES STATED IN THE SCHEDULES PRESCRIBED IN THE CLASSIFICATION ACT FOR ELEVATOR-CONDUCTORS, PER HOUR RATES ARE AUTHORIZED FOR PART-TIME CHARWOMEN.

THE POSITION IN QUESTION WAS AUTHORIZED BY THE DEPARTMENT IN ORDER TO FURNISH THE OCCUPANTS OF THE FEDERAL BUILDING IN LOUISVILLE WITH ADEQUATE ELEVATOR SERVICE AFTER REGULAR HOURS OF BUSINESS. THE ELEVATOR- CONDUCTOR'S HOURS, THEREFORE, ARE IRREGULAR, AND IN THE INTERESTS OF THE GOVERNMENT IT WAS THOUGHT THAT THE PAYMENT ON THE BASIS OF 50 CENTS PER HOUR FOR EACH HOUR OF ACTUAL SERVICE WOULD BE PREFERABLE TO AN ANNUAL RATE ON THE BASIS OF $1320 PER ANNUM. IF THIS WAS DONE THE RATE WOULD BE REQUIRED TO BE STATED AS APPROXIMATELY SIX HUNDRED THIRTY-FOUR DOLLARS AND EIGHTY CENTS ($634.80) PER ANNUM, AND THERE IS NO SUCH RATE IN THE CLASSIFICATION SCHEDULES.

AT A NUMBER OF FEDERAL BUILDINGS UNDER THE CONTROL OF THIS DEPARTMENT IT IS NECESSARY IN CASES OF THIS CHARACTER, AND IN EMERGENCY CONDITIONS, TO AUTHORIZE SERVICES OF A FEW HOURS AT A TIME, AND IT WOULD SEEM TO BE IN THE INTERESTS OF THE SERVICE IF AN HOURLY RATE OF NOT IN EXCESS OF 50 CENTS COULD BE AUTHORIZED FOR SUCH SERVICES. THIS IS ESPECIALLY TRUE IN CASES WHERE IT IS NECESSARY TO AUTHORIZE THE SERVICES OF A TEMPORARY DURING THE ABSENCE OF REGULAR EMPLOYEES BECAUSE OF ANNUAL AND SICK LEAVE AT BUILDINGS WHERE ONLY ONE OR TWO EMPLOYEES ARE ASSIGNED. IT HAS BEEN THE PRACTICE TO AUTHORIZE 40 CENTS PER HOUR FOR SERVICES OF THIS CHARACTER.

IT WILL BE APPRECIATED IF YOU WILL ADVISE THE DEPARTMENT WHETHER, UNDER THE CIRCUMSTANCES, IT CAN CONTINUE TO AUTHORIZE EMERGENCY OR PART-TIME SERVICE AT AN HOURLY RATE.

IN DECISION OF DECEMBER 1, 1931, A-39522, 11 COMP. GEN. 211, IT WAS HELD, QUOTING FROM THE SYLLABUS:

PART-TIME EMPLOYEES OCCUPYING POSITIONS IN THE FIELD SERVICE SUBJECT TO CLASSIFICATION, WHO ARE REGULARLY EMPLOYED THROUGHOUT THE YEAR, MAY NOT BE PAID AT AN HOURLY RATE FOR AN INDEFINITE NUMBER OF HOURS, BUT THE PART- TIME COMPENSATION SHOULD BE FIXED AT A RATE HAVING THE SAME RELATION TO THE RATE FIXED BY THE CLASSIFICATION ACT FOR FULL TIME IN A SIMILAR POSITION WHICH THE TIME SERVED BY THE PART-TIME EMPLOYEE BEARS TO THE TIME SERVED BY THE FULL-TIME EMPLOYEE. 5 COMP. GEN. 302.

THE SAME RULE WOULD BE APPLICABLE TO PART-TIME EMPLOYEES WHOSE FIELD POSITIONS ARE IN THE CUSTODIAL SERVICE IN GRADES FOR WHICH ANNUAL RATES OF PAY HAVE BEEN PRESCRIBED BY THE CLASSIFICATION ACT. YOU REFER TO THE FACT THAT THE CLASSIFICATION ACT PRESCRIBES AN HOURLY RATE FOR PART-TIME CHARWOMEN IN THE CUSTODIAL SERVICE. SUCH PROVISION IN THE STATUTE WOULD INDICATE THAT OTHER CLASSES OF EMPLOYEES WORKING PART TIME, FOR WHOM AN ANNUAL RATE HAS BEEN PRESCRIBED BY THE LAW, MAY NOT BE PAID ON AN HOURLY BASIS.

IN THE MATTER OF FIXING PER DIEM OR PER HOUR RATES OF COMPENSATION UNDER THE CLASSIFICATION ACT FOR FIELD EMPLOYEES WORKING PART TIME, THE DECISIONS HAVE RECOGNIZED A DISTINCTION BETWEEN THOSE WHO ARE REGULARLY EMPLOYED PART TIME THROUGHOUT THE YEAR OR FOR SUBSTANTIAL PERIODS, FOR WHOM NO PER DIEM OR PER HOUR RATES OF COMPENSATION MAY BE PRESCRIBED, AND TEMPORARY, SEASONAL, OR EMERGENCY EMPLOYEES WHO ARE NOT REGULARLY EMPLOYED THROUGHOUT THE YEAR OR FOR SUBSTANTIAL PERIODS, FOR WHOM THERE MAY BE PRESCRIBED PER DIEM OR PER HOUR RATES OF COMPENSATION BASED ON THE PER ANNUM RATE FOR FULL-TIME SERVICE IN A SIMILAR POSITION. SEE THE DECISIONS CITED IN THE DECISION OF DECEMBER 1, 1931, SUPRA. THIS DISTINCTION MUST BE ONE IN FACT.

THE HOURLY RATE OF COMPENSATION FOR SUCH TEMPORARY, SEASONAL, OR EMERGENCY EMPLOYEES SHOULD BE DETERMINED BY DIVIDING 1/360 OF THE MINIMUM ANNUAL SALARY RATE PRESCRIBED IN THE CLASSIFICATION ACT FOR A SIMILAR FULL -TIME POSITION BY THE NUMBER OF HOURS PER DAY THE ANNUAL EMPLOYEES ARE REGULARLY REQUIRED TO WORK. IN THE PRESENT CASE, IT IS UNDERSTOOD THAT THE SALARY RATE OF A SIMILAR FULL-TIME POSITION IS $1,320 PER ANNUM, THE MINIMUM RATE OF GRADE CU-4. IF SO, THE PER DIEM RATE FOR TEMPORARY, SEASONAL, OR EMERGENCY EMPLOYEES WOULD BE $3.67, AND IF THE REGULAR ANNUAL EMPLOYEES IN SIMILAR POSITIONS ARE REQUIRED TO WORK EIGHT HOURS PER DAY, THE HOURLY RATE FOR SUCH EMPLOYEES WOULD BE 46 CENTS INSTEAD OF 50 CENTS, THE RATE APPARENTLY PAID TO THESE EMPLOYEES.

ON THE BASIS OF YOUR REPRESENTATIONS THAT THE EMPLOYEES IN QUESTION WERE TEMPORARY ONLY, AND FORM NO PART OF THE REGULAR FORCE OF EMPLOYEES UNDER THE CUSTODIAN SERVICE OF THE TREASURY DEPARTMENT, CREDIT WILL NOW BE ALLOWED FOR THE SALARY PAYMENTS IN THE ACCOUNTS OF THOMAS L. WALKER, TO WHICH EXCEPTION HAS BEEN TAKEN BY THIS OFFICE IN THE AUDIT, IN THE ABSENCE OF OTHER OBJECTION, WITH THE UNDERSTANDING THAT HEREAFTER THE SALARY RATES WILL BE PROPERLY ADJUSTED IN ACCORDANCE WITH THE ABOVE-STATED RULE.