A-39789, JANUARY 6, 1932, 11 COMP. GEN. 259

A-39789: Jan 6, 1932

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CLASSIFICATION OF CIVILIAN EMPLOYEES - FIELD SERVICE - CHAUFFEURS THE TEST FOR DETERMINING WHETHER A FIELD POSITION IS SUBJECT TO THE PRINCIPLES OF CLASSIFICATION UNDER THE TERMS OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3. IS THE ACTION TAKEN BY THE PERSONNEL CLASSIFICATION BOARD AS TO THE SAME OR SIMILAR POSITION IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. EXCEPTIONS HAVE BEEN TAKEN BY THIS OFFICE TO PAYMENTS SHOWN ON PAY-ROLL VOUCHERS NOS. 421 AND 1559 COVERING JANUARY. THE RATES OF WHICH WERE EXTENDED TO THE FIELD SERVICE BY SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3. PROVIDING IN PART 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.

A-39789, JANUARY 6, 1932, 11 COMP. GEN. 259

CLASSIFICATION OF CIVILIAN EMPLOYEES - FIELD SERVICE - CHAUFFEURS THE TEST FOR DETERMINING WHETHER A FIELD POSITION IS SUBJECT TO THE PRINCIPLES OF CLASSIFICATION UNDER THE TERMS OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, IS THE ACTION TAKEN BY THE PERSONNEL CLASSIFICATION BOARD AS TO THE SAME OR SIMILAR POSITION IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. AS THE POSITION OF CHAUFFEUR IN THE DEPARTMENTAL SERVICE HAS BEEN ALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD IN THE CUSTODIAL SERVICE AS PRESCRIBED BY THE CLASSIFICATION ACT, THE SAME OR SIMILAR POSITION IN THE FIELD SERVICE OF THE WAR DEPARTMENT SHOULD LIKEWISE BE ADMINISTRATIVELY PLACE OR ALLOCATED IN A CORRESPONDING FIELD GRADE OR SALARY RANGE AND A SALARY FIXED AT ONE OF THE RATES THEREIN PRESCRIBED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JANUARY 6, 1932:

IN THE AUDIT OF THE ACCOUNTS OF MAJ. D. W. MOREY, UNITED STATES ARMY, EXCEPTIONS HAVE BEEN TAKEN BY THIS OFFICE TO PAYMENTS SHOWN ON PAY-ROLL VOUCHERS NOS. 421 AND 1559 COVERING JANUARY, 1931, OF SALARY PAYMENTS AT THE RATE OF $1,008 PER ANNUM MADE TO JOHN GANTT AND HENRY GRANT, CHAUFFEURS, FOR THE REASON THAT SUCH ANNUAL SALARY RATE DOES NOT COINCIDE WITH ANY RATE PRESCRIBED BY THE CLASSIFICATION ACT, THE RATES OF WHICH WERE EXTENDED TO THE FIELD SERVICE BY SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, PROVIDING IN PART 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 5, 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: *

REPLY TO THE EXCEPTION WAS MADE NOVEMBER 19, 1931, BY MAJ. E. F. ELY, AS FOLLOWS:

PLEASE NOTE ATTACHED O LTR SEPT. 30/31 TO COMMANDING OFFICER, CHARLESTON ORDNANCE RESERVE DEPOT W/1ST IND. AND 6TH IND. CHIEF OF FINANCE NOV. 4-31, TO THIS OFFICE. IN VIEW OF THE SHOWING IN THESE COMMUNICATIONS THAT CHAUFFEURS ARE MEMBERS OF A TRADE OR CRAFT WITHIN THE MEANING OF THE CLASSIFICATION ACT; THAT THEY ARE SO RECOGNIZED BY THE AMERICAN FEDERATION OF LABOR AND THE UNITED STATES BOARD OF LABOR STATISTICS; THAT THEIR COMPENSATION HAS BEEN FIXED BY WAGE BOARD FOR MANY YEARS; AND THAT THIS PRACTICE IS IN THE INTEREST OF THE GOVERNMENT; RECONSIDERATION AND CREDIT IS REQUESTED.

IT WILL BE NOTED THAT THE BASIS STATED IN THE QUOTED SECTION FROM THE BROOKHART SALARY ACT FOR ADJUSTING SALARY RATES OF FIELD-SERVICE POSITIONS IN ACCORDANCE WITH THE PRINCIPLES OF CLASSIFICATION IS THE RATES ESTABLISHED BY THE CLASSIFICATION ACT "FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA.' THE POSITION OF CHAUFFEUR IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA HAS BEEN CLASSIFIED BY THE PERSONNEL CLASSIFICATION BOARD UNDER THE CUSTODIAL SERVICE AS PRESCRIBED BY THE CLASSIFICATION ACT,AND HAS NOT BEEN CONSIDERED AS WITHIN A TRADE OR CRAFT OR OTHERWISE WITHIN THE EXCEPTIONS TO THE CLASSIFICATION ACT STATED IN SECTION 5 THEREOF. IN THE FIELD SURVEY MADE BY THE PERSONNEL CLASSIFICATION BOARD IT IS PROPOSED TO INCLUDE THE POSITION OF CHAUFFEUR IN A NEW SERVICE DESIGNED AS CRAFTS AND CUSTODIAL SERVICE. WHILE THE DUTIES OF A CHAUFFEUR MAY POSSIBLY BE RECOGNIZED BY LABOR ORGANIZATIONS AS THOSE OF A TRADE OR CRAFT, THE ACTION HERETOFORE TAKEN IN INCLUDING UNDER CLASSIFICATION THE SAME OR SIMILAR POSITION IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, SHOULD CONTROL THE ACTION OF THE ADMINISTRATIVE OFFICE IN THE FIELD SERVICE.

THEREFORE, THE POSITION OF CHAUFFEUR IN THE FIELD SERVICE SHOULD BE CLASSIFIED BY THE ADMINISTRATIVE OFFICE IN THE CUSTODIAL SERVICE AND THE SALARY RATE SHOULD BE FIXED TO COINCIDE WITH A RATE PRESCRIBED BY THE CLASSIFICATION ACT UNDER THAT SERVICE. PAYMENTS HERETOFORE MADE TO CHAUFFEURS ON THE BASIS OF AN ODD SALARY RATE WILL NOT NOW BE DISTURBED, IN THE ABSENCE OF OTHER OBJECTION.