A-43702, AUGUST 2, 1932, 12 COMP. GEN. 168

A-43702: Aug 2, 1932

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NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED. YOUR SUBMISSION IS ANSWERED IN THE NEGATIVE.

A-43702, AUGUST 2, 1932, 12 COMP. GEN. 168

ECONOMY ACT - ADMINISTRATIVE PROMOTIONS ANY CHANGE IN THE STATUS OF A FIELD EMPLOYEE BY ADMINISTRATIVE ACTION, WHICH WOULD RESULT IN INCREASED COMPENSATION TO THE EMPLOYEE, SUCH AS A TRANSFER FROM THE UNCLASSIFIED POSITION OF MUNITIONS HANDLER AT $4.08 A DAY TO THE CLASSIFIED POSITION OF CHEMICAL PLANT WORKMAN AT $4.40 PER DAY, CONSTITUTES AN ADMINISTRATIVE PROMOTION AND MAY NOT BE ACCOMPLISHED EXCEPT UPON THE WRITTEN AUTHORITY OR APPROVAL OF THE PRESIDENT AS REQUIRED BY SECTION 202 OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, AUGUST 2, 1932:

THERE HAS BEEN RECEIVED BY YOUR DIRECTION THE REQUEST OF THE ADMINISTRATIVE ASSISTANT FOR DECISION WHETHER STANLEY E. STANDIFORD EMPLOYED IN THE UNCLASSIFIED POSITION OF MUNITIONS HANDLER AT $4.08 PER DIEM MAY BE TRANSFERRED TO THE CLASSIFIED POSITION OF CHEMICAL PLANT WORKMAN AT $4.40 PER DIEM IN THE CHEMICAL WARFARE SERVICE, EDGEWOOD ARSENAL, MD., "WITHOUT PRESIDENTIAL AUTHORITY, AS PRESCRIBED BY THE ECONOMY ACT.'

SECTION 202 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 403, PROVIDES:

NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION. THE PRESIDENT SHALL SUBMIT TO CONGRESS A REPORT OF THE VACANCIES FILLED UNDER THIS SECTION UP TO NOVEMBER 1, 1932, ON THE FIRST DAY OF THE NEXT REGULAR SESSION. THE PROVISIONS OF THIS SECTION SHALL NOT APPLY TO COMMISSIONED, COMMISSIONED WARRANT, WARRANT, AND ENLISTED PERSONNEL, AND CADETS, OF THE COAST GUARD.

ANY CHANGE IN THE STATUS OF A FIELD EMPLOYEE BY ADMINISTRATIVE ACTION WHICH WOULD RESULT IN INCREASED COMPENSATION TO THE EMPLOYEE CONSTITUTES AN ADMINISTRATIVE PROMOTION WITHIN THE MEANING OF THE ABOVE-QUOTED PROVISION AND MAY NOT, THEREFORE, BE ACCOMPLISHED EXCEPT WHEN AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES. SEE DECISION OF JULY 28, 1932, A-43462, 12 COMP. GEN. 128. YOUR SUBMISSION IS ANSWERED IN THE NEGATIVE.