A-40240, FEBRUARY 25, 1932, 11 COMP. GEN. 321

A-40240: Feb 25, 1932

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATION - ADDITIONAL POSITIONS NOTWITHSTANDING THAT AN ADMINISTRATIVE OFFICE MAY NOT HAVE BEEN REQUIRED TO SUBMIT THE DUTIES OF AN ADDITIONAL POSITION TO THE PERSONNEL CLASSIFICATION BOARD FOR ALLOCATION. THE FINAL ACTION OF THE BOARD IS DETERMINATIVE OF THE SALARY RANGE PAYABLE TO THE EMPLOYEE ASSIGNED TO THE POSITION. THE FACTS RELATIVE TO THE CLAIM ARE SET FORTH IN A LETTER OF AUGUST 8. AS FOLLOWS: YOU ARE ADVISED THE RECORDS SHOW THAT MR. PAPPENFORT WAS TRANSFERRED AND PROMOTED FROM REGIONAL ATTORNEY IN THE WICHITA. PAPPENFORT WAS ASSIGNED TO THE POSITION GUARDIANSHIP AND LEGAL SUPERVISOR. WHICH POSITION WAS VACATED BY THE PREVIOUS INCUMBENT ON OCTOBER 7.

A-40240, FEBRUARY 25, 1932, 11 COMP. GEN. 321

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATION - ADDITIONAL POSITIONS NOTWITHSTANDING THAT AN ADMINISTRATIVE OFFICE MAY NOT HAVE BEEN REQUIRED TO SUBMIT THE DUTIES OF AN ADDITIONAL POSITION TO THE PERSONNEL CLASSIFICATION BOARD FOR ALLOCATION, IF THE ADMINISTRATIVE OFFICE, UNDER A PRACTICE THEN IN FORCE, ACTUALLY REQUESTED THE ALLOCATION OF THE ADDITIONAL POSITION, THE FINAL ACTION OF THE BOARD IS DETERMINATIVE OF THE SALARY RANGE PAYABLE TO THE EMPLOYEE ASSIGNED TO THE POSITION.

DECISION BY COMPTROLLER GENERAL MCCARL, FEBRUARY 25, 1932:

THERE HAS BEEN PRESENTED TO THIS OFFICE FOR CONSIDERATION AND SETTLEMENT THE CLAIM OF JAMES C. PAPPENFORT FOR ADDITIONAL SALARY ALLEGED TO BE DUE FOR THE PERIOD OCTOBER 28, 1929, TO DECEMBER 1, 1930. THE FACTS RELATIVE TO THE CLAIM ARE SET FORTH IN A LETTER OF AUGUST 8, 1931, FROM THE DIRECTOR OF FINANCE, VETERANS' ADMINISTRATION, AS FOLLOWS:

YOU ARE ADVISED THE RECORDS SHOW THAT MR. PAPPENFORT WAS TRANSFERRED AND PROMOTED FROM REGIONAL ATTORNEY IN THE WICHITA, KANSAS, REGIONAL OFFICE, AT A SALARY OF $3,200, TO ATTORNEY, SCHEDULE A, IN CENTRAL OFFICE, LEGAL SERVICE, AT A SALARY OF $3,800, PS-4, EFFECTIVE APRIL 16, 1929.

ON OCTOBER 28, 1929 MR. PAPPENFORT WAS ASSIGNED TO THE POSITION GUARDIANSHIP AND LEGAL SUPERVISOR, PS-4, $3,800, WHICH POSITION WAS VACATED BY THE PREVIOUS INCUMBENT ON OCTOBER 7, 1929. WITH REFERENCE TO THE POSITIONS OF GUARDIANSHIP AND LEGAL SUPERVISORS, YOU ARE ADVISED THAT THEY WERE ORIGINALLY ALLOCATED TO PS-4, BUT WERE RAISED TO PS-5 BY THE DECISION OF THE COMPTROLLER GENERAL INTERPRETING THE WELCH ACT. THE POSITION TO WHICH MR. PAPPENFORT WAS ASSIGNED WAS ESTABLISHED SUBSEQUENT TO JULY 1, 1928 AS AN ADDITIONAL POSITION IDENTICAL TO THOSE WHICH HAD BEEN RAISED TO PS-5 BY THE WELCH ACT. AT THE TIME THE CLASSIFICATION SHEET WAS SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD IT WAS RECOMMENDED BY THIS ADMINISTRATION THAT THE POSITION BE ALLOCATED TO PS-5; HOWEVER THE BOARD DID NOT CONCUR AND ALLOCATED THE POSITION TO PS-4. NOVEMBER 1, 1929, THE CLASSIFICATION SHEET WAS RECEIVED SHOWING THE VICE ASSIGNMENT OF MR. PAPPENFORT TO GRADE PS-4, EFFECTIVE AS OF OCTOBER 28, 1929. EFFECTIVE FEBRUARY 8, 1930, HE WAS PROMOTED FROM $3,800 TO $4,000.

MR. PAPPENFORT APPEALED THE ALLOCATION OF HIS POSITION FROM PS-4 TO PS-5 BECAUSE HIS POSITION WAS IDENTICAL TO THOSE WHICH HAD BEEN AUTOMATICALLY RAISED FROM PS-4 TO PS-5 UNDER THE PROVISIONS OF THE WELCH ACT. HIS APPEAL WAS DENIED UNDER DATE OF JUNE 26, 1930. ON FURTHER APPEAL, HOWEVER, THIS POSITION WAS REALLOCATED UNDER DATE OF DECEMBER 12, 1930 TO PS-5 AND HIS SALARY WAS ADJUSTED TO $4,600 EFFECTIVE AS OF DECEMBER 1, 1930.

THE CLAIM IS BASED ON THE PROPOSITION THAT THE VACANT EXISTING POSITION TO WHICH CLAIMANT WAS TRANSFERRED AND ASSIGNED ON OCTOBER 28, 1929, AND WHICH HAD BEEN CREATED ADMINISTRATIVELY IN DECEMBER, 1928, SHOULD HAVE BEEN CONSIDERED AS IN GRADE P-5 FOR THE REASON THAT IT HAD ORIGINALLY BEEN CREATED AS AN "ADDITIONAL" POSITION IDENTICAL WITH OTHER POSITIONS IN GRADE P-5, THAT SUBMISSION TO THE PERSONNEL CLASSIFICATION BOARD WAS NOT NECESSARY, AND, CONSEQUENTLY, THAT ITS ACTION IN AT FIRST ALLOCATING THE POSITION IN P-4 WAS WITHOUT EFFECT.

IT IS TRUE THAT UNDER THE PRINCIPLE STATED IN THE DECISIONS OF THIS OFFICE, THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD WOULD NOT HAVE BEEN NECESSARY AS TO AN "ADDITIONAL" POSITION. THE LEADING DECISION ON THAT POINT IS DATED SEPTEMBER 3, 1929, 9 COMP. GEN. 101, IN WHICH IT WAS HELD, QUOTING FROM THE SYLLABUS:

THE CREATION OF ADDITIONAL POSITIONS HAVING DUTIES AND RESPONSIBILITIES IDENTICAL WITH THOSE OF AN EXISTING POSITION OR POSITIONS PREVIOUSLY FINALLY ALLOCATED IN THE SAME GRADE AND CLASS, UNDER THE SAME BUREAU,OFFICE, OR APPROPRIATION UNIT, IS A MATTER FOR THE ADMINISTRATIVE OFFICE CONCERN WITHIN AVAILABLE APPROPRIATIONS, AND DOES NOT REQUIRE THE APPROVAL OF THE ALLOCATION BY THE PERSONNEL CLASSIFICATION BOARD BEFORE AN EMPLOYEE APPOINTED, PROMOTED, OR TRANSFERRED TO SUCH ADDITIONAL POSITION BY ADMINISTRATIVE ACTION MAY BE PAID THE SALARY RATE ATTACHING TO SUCH ADDITIONAL POSITION. 5 COMP. GEN. 202; 6 ID. 202, DISTINGUISHED.

HOWEVER, THE APPLICATION OF THIS RULE WAS QUALIFIED IN THE DECISION AS FOLLOWS:

THERE HAS NOT BEEN OVERLOOKED THE DECISION OF SEPTEMBER 16, 1925, 5 COMP. GEN. 202, HEREINBEFORE CITED, AND ON THE BASIS OF WHICH THE DISALLOWANCE WAS MADE. SAID DECISION WAS INTENDED TO REFER PRIMARILY TO THE CREATION OF POSITIONS HAVING DUTIES SIMILAR TO BUT DIFFERING FROM EXISTING POSITIONS. IT IS UNDERSTOOD THAT THE DECISION HAS BEEN TOO BROADLY APPLIED AND THAT A PRACTICE HAS GROWN UP OF ADMINISTRATIVE OFFICES SUBMITTING A DESCRIPTION OF DUTIES AND RESPONSIBILITIES IN ALL CASES WHEN EITHER NEW OR ADDITIONAL POSITIONS ARE TO BE FILLED. IF SO, THE PRACTICE WITH RESPECT TO ADDITIONAL POSITIONS, AS DISTINGUISHED FROM NEW POSITIONS, SHOULD NO LONGER BE FOLLOWED.

THIS DECISION WILL BE EFFECTIVE FROM AND AFTER ITS DATE AND IS NOT TO BE REGARDED AS AUTHORITY FOR CHANGING THE PAY STATUS OF EMPLOYEES HERETOFORE PAID IN ACCORDANCE WITH THE PRACTICE HERETOFORE OBTAINING.

ADMINISTRATIVE STATEMENTS IN THE PRESENT RECORD DISCLOSE THAT THE POSITION HERE IN QUESTION WAS ORIGINALLY CREATED AS AN "ADDITIONAL" POSITION, DECEMBER 21, 1928, AND, PURSUANT TO THE ADMINISTRATIVE PRACTICE THEN IN FORCE, A CLASSIFICATION SHEET WAS PRESENTED TO THE PERSONNEL CLASSIFICATION BOARD FOR ALLOCATION. THE BOARD TWICE ALLOCATED THE POSITION IN GRADE P-4, AND FINALLY IN GRADE P-5, EFFECTIVE DECEMBER 1, 1930, FROM WHICH DATE THE CLAIMANT HAS BEEN PAID A SALARY RATE THEREIN.

NOTWITHSTANDING THE FACT THAT THE ADMINISTRATIVE OFFICE MAY NOT HAVE BEEN REQUIRED TO SUBMIT THIS PARTICULAR POSITION TO THE BOARD FOR ALLOCATION AT THE TIME IT WAS CREATED, SINCE IT WAS SO SUBMITTED, IT MUST BE HELD THAT THE JURISDICTION OF THE BOARD ATTACHED, AND ITS ACTION IS DETERMINATIVE OF THE SALARY RANGE PAYABLE TO THE EMPLOYEE ASSIGNED TO THE POSITION THUS ALLOCATED.