A-43666, AUGUST 2, 1932, 12 COMP. GEN. 167

A-43666: Aug 2, 1932

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AS FOLLOWS: THERE ARE TRANSMITTED HEREWITH VOUCHERS IN FAVOR OF GLADYS T. THIS OFFICE HAS BEEN ADVISED BY THE BUREAU OF INVESTIGATION TO THE EFFECT THAT THE STATEMENT OF FACTS IN THE RANKIN CASE IS EQUALLY APPLICABLE TO THE OTHER TWO EMPLOYEES. YOUR DECISION IS REQUESTED AS TO THE AMOUNT PAYABLE IN EACH CASE UNDER THE PROVISIONS OF THE ECONOMY ACT. IT BEING NOTED THAT THE DECISIONS HERETOFORE RENDERED BY YOU ARE APPARENTLY ON A BASIS OF PERMANENT PART- TIME EMPLOYEES AS DISTINGUISHED FROM TEMPORARY PART-TIME PER DIEM EMPLOYEES. WHICH WAS A SATURDAY. PASCOE IS FOR 12 DAYS' SERVICES AS A TEMPORARY TYPIST. VINE IS FOR SERVICES AS A TEMPORARY TYPIST JULY 1 AND 2. SUCH SERVICES APPEAR TO HAVE BEEN RENDERED AT THE PHILADELPHIA OFFICE OF THE BUREAU OF INVESTIGATION.

A-43666, AUGUST 2, 1932, 12 COMP. GEN. 167

ECONOMY ACT - TEMPORARY TYPISTS AND STENOGRAPHERS IN VIEW OF THE SHORT PERIODS OF EMPLOYMENT OF TYPISTS AND STENOGRAPHERS EMPLOYED AS NEEDED AT THE BUREAU OF INVESTIGATION, DEPARTMENT OF JUSTICE, PHILADELPHIA, PA., IT WOULD NOT APPEAR PRACTICABLE TO APPLY EITHER THE 5- DAY WEEK OR THE FURLOUGH PROVISIONS OF THE ECONOMY ACT, AND, ACCORDINGLY, UNDER SECTION 105 (D) (6) OF THAT ACT, THEIR COMPENSATION WOULD BE SUBJECT TO AN 8 1/3 PERCENT REDUCTION.

COMPTROLLER GENERAL MCCARL TO THE ATTORNEY GENERAL, AUGUST 2, 1932:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 23, 1932, AS FOLLOWS:

THERE ARE TRANSMITTED HEREWITH VOUCHERS IN FAVOR OF GLADYS T. RANKIN, DOROTHY L. PASCOE, AND DOROTHY M. VINE, IN THE AMOUNTS OF $20.00, $48.00, AND $8.00, RESPECTIVELY, COVERING SERVICES RENDERED AS TEMPORARY PART-TIME STENOGRAPHERS OR TYPISTS AT A RATE OF COMPENSATION FIXED AT $4.00 PER DAY FOR EACH DAY ACTUALLY WORKED, TOGETHER WITH A MEMORANDUM DATED JULY 22, 1932, FROM THE DIRECTOR OF THE BUREAU OF INVESTIGATION, IN THE CASE OF GLADYS T. RANKIN.

THIS OFFICE HAS BEEN ADVISED BY THE BUREAU OF INVESTIGATION TO THE EFFECT THAT THE STATEMENT OF FACTS IN THE RANKIN CASE IS EQUALLY APPLICABLE TO THE OTHER TWO EMPLOYEES, EXCEPT, OF COURSE, AS TO TERMINATION OF THE SERVICES.

YOUR DECISION IS REQUESTED AS TO THE AMOUNT PAYABLE IN EACH CASE UNDER THE PROVISIONS OF THE ECONOMY ACT, IT BEING NOTED THAT THE DECISIONS HERETOFORE RENDERED BY YOU ARE APPARENTLY ON A BASIS OF PERMANENT PART- TIME EMPLOYEES AS DISTINGUISHED FROM TEMPORARY PART-TIME PER DIEM EMPLOYEES.

THE VOUCHER IN FAVOR OF GLADYS T. RANKIN SHOWS SERVICE AS A STENOGRAPHER FOR FIVE DAYS, JULY 1, 2, 5, 6, AND 7, AND A MEMORANDUM FROM THE DIRECTOR, BUREAU OF INVESTIGATION, STATES THAT ON JULY 2, WHICH WAS A SATURDAY, SHE WORKED ONLY FROM 9 A.M. TO 1 P.M. THE VOUCHER IN FAVOR OF DOROTHY L. PASCOE IS FOR 12 DAYS' SERVICES AS A TEMPORARY TYPIST, JULY 1, 2, 5, 6, 7, 8, 9, 11, 12, 13, 14, AND 15.

THE VOUCHER IN FAVOR OF DOROTHY M. VINE IS FOR SERVICES AS A TEMPORARY TYPIST JULY 1 AND 2. SUCH SERVICES APPEAR TO HAVE BEEN RENDERED AT THE PHILADELPHIA OFFICE OF THE BUREAU OF INVESTIGATION.

WHILE THESE EMPLOYEES WERE TEMPORARY EMPLOYEES WHOSE SERVICES WERE APPARENTLY ENGAGED ONLY AS NEEDED, THEY ARE, NEVERTHELESS, WITHIN THE DEFINITION OF OFFICERS AND EMPLOYEES IN SECTION 104 OF THE ACT OF JUNE 30, 1932, 47 STAT. 400, AND AS COMPENSATION AT $4 PER DAY IS AT A RATE IN EXCESS OF $1,000 PER ANNUM, WHEN COMPUTED AS REQUIRED BY SECTION 104 (C) OF THAT ACT, IT FOLLOWS THAT THESE EMPLOYEES ARE SUBJECT TO THE APPLICABLE PROVISIONS OF TITLE I OF THE ECONOMY ACT. IN VIEW OF THE SHORT PERIODS OF THEIR EMPLOYMENT, IT WOULD NOT APPEAR PRACTICABLE TO APPLY EITHER THE 5- DAY WEEK OR THE FURLOUGH PROVISIONS TO SUCH EMPLOYEES, AND, ACCORDINGLY, UNDER AUTHORITY OF SECTION 105 (D) (6), 47 STAT. 401, THEIR COMPENSATION WOULD BE SUBJECT TO AN 8 1/3 PERCENT REDUCTION. THE VOUCHERS MUST BE REDUCED BY 8 1/3 PERCENT BEFORE PAYMENT.