A-4375, AUGUST 13, 1924, 4 COMP. GEN. 174

A-4375: Aug 13, 1924

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IN POSITIONS THE DUTIES OF WHICH THEY WERE PERFORMING PRIOR TO JULY 1. ARE ENTITLED ONLY TO THE INITIAL RATE OF COMPENSATION OF THE POSITION AS ALLOCATED AS OF JULY 1. THEY MAY NOT BE PROMOTED EITHER WITHIN THE GRADE OR BETWEEN GRADES UNTIL THEY HAVE PROPERLY QUALIFIED FOR THE POSITIONS IN ACCORDANCE WITH THE CIVIL SERVICE RULES AND REGULATIONS. 1924: I HAVE YOUR LETTER OF JULY 23. PROVIDES THAT "EMPLOYEES WILL BE PERMITTED TO REMAIN IN THE POSITIONS TO WHICH THEY HAVE BEEN ALLOCATED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923 AND RECEIVE THE COMPENSATION ATTACHING TO SUCH ALLOCATIONS. YOUR DECISION IS REQUESTED AS TO WHETHER EMPLOYEES SO ALLOCATED MAY BE PROMOTED TO A HIGHER RATE IN THE GRADE TO WHICH THEY WERE ALLOCATED.

A-4375, AUGUST 13, 1924, 4 COMP. GEN. 174

CLASSIFICATION OF CIVILIAN EMPLOYEES - PROMOTION EMPLOYEES AUTHORIZED BY EXECUTIVE ORDER OF JUNE 19, 1924, TO REMAIN, SUBSEQUENT TO JULY 1, 1924, IN POSITIONS THE DUTIES OF WHICH THEY WERE PERFORMING PRIOR TO JULY 1, 1924, ALTHOUGH THEY HAD NEVER QUALIFIED FOR SUCH POSITIONS IN ACCORDANCE WITH THE CIVIL SERVICE RULES AND REGULATIONS, ARE ENTITLED ONLY TO THE INITIAL RATE OF COMPENSATION OF THE POSITION AS ALLOCATED AS OF JULY 1, 1924, AND THEY MAY NOT BE PROMOTED EITHER WITHIN THE GRADE OR BETWEEN GRADES UNTIL THEY HAVE PROPERLY QUALIFIED FOR THE POSITIONS IN ACCORDANCE WITH THE CIVIL SERVICE RULES AND REGULATIONS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, AUGUST 13, 1924:

I HAVE YOUR LETTER OF JULY 23, 1924, AS FOLLOWS:

EXECUTIVE ORDER OF JUNE 19, 1924, PROVIDES THAT "EMPLOYEES WILL BE PERMITTED TO REMAIN IN THE POSITIONS TO WHICH THEY HAVE BEEN ALLOCATED IN ACCORDANCE WITH THE CLASSIFICATION ACT OF 1923 AND RECEIVE THE COMPENSATION ATTACHING TO SUCH ALLOCATIONS, ALTHOUGH CONTRARY TO EXISTING PROVISIONS OF THE CIVIL SERVICE RULES, BUT SHALL NOT THEREBY BE GIVEN ANY DIFFERENT STATUS FOR PROMOTION OR TRANSFER THAN THEY HAD ACQUIRED UNDER THE CIVIL SERVICE RULES PRIOR TO SUCH ALLOCATION.'

YOUR DECISION IS REQUESTED AS TO WHETHER EMPLOYEES SO ALLOCATED MAY BE PROMOTED TO A HIGHER RATE IN THE GRADE TO WHICH THEY WERE ALLOCATED.

IT IS UNDERSTOOD THAT THE QUOTED PARAGRAPH FROM EXECUTIVE ORDER NO. 4030, DATED JUNE 19, 1924, REFERS TO PERSONS ASSIGNED TO DUTIES FOR WHICH THEY HAD NOT QUALIFIED IN ACCORDANCE WITH CIVIL SERVICE LAWS, RULES, AND REGULATIONS. FOR INSTANCE, AN EMPLOYEE WHO QUALIFIED AND WAS APPOINTED AS A MESSENGER BOY, WHICH IS A NONAPPORTIONED POSITION, BEING ASSIGNED TO THE DUTIES OF MESSENGER, OR ONE WHO QUALIFIED AND WAS APPOINTED AS A SKILLED LABORER, WHICH IS A NONAPPORTIONED POSITION, BEING ASSIGNED TO THE DUTIES OF CLERK. THE EXECUTIVE ORDER ENTITLES SUCH PERSONS TO REMAIN IN THE "POSITIONS" THE DUTIES OF WHICH THEY WERE PERFORMING ON JUNE 30, 1924, ON AND AFTER JULY 1, 1924, BY REASON OF THEIR PREVIOUS IRREGULAR ASSIGNMENT AND TO RECEIVE THE COMPENSATION ATTACHED TO THE ,POSITIONS" AS ALLOCATED UNDER THE CLASSIFICATION ACT OF 1923.

THE PRINCIPLE OF THE CLASSIFICATION ACT IS THAT THE "POSITION" IS ALLOCATED ON THE BASIS OF THE DUTIES PERFORMED, NOT ON THE BASIS OF TITLE OR DESIGNATION OF THE PARTICULAR EMPLOYEE AS IT APPEARED ON THE PAY ROLL JUNE 30, 1924. THIS IS PRIMARILY WHAT THE EXECUTIVE ORDER RECOGNIZED.

IN ADDITION THE EXECUTIVE ORDER MAKES A RESTRICTION ON THE PROMOTION AND TRANSFER OF THE PERSONS ALLOCATED JULY 1, 1924, IN POSITIONS FOR WHICH THEY HAD NOT PROPERLY QUALIFIED IN ACCORDANCE WITH THE CIVIL SERVICE RULES AND REGULATIONS PRIOR TO JULY 1, 1924, BY USE OF THE WORDS "BUT SHALL NOT THEREBY BE GIVEN ANY DIFFERENT STATUS FOR PROMOTION OR TRANSFER THAN THEY HAD ACQUIRED UNDER THE CIVIL SERVICE RULES PRIOR TO SUCH ALLOCATION.' PRIOR TO JULY 1 SUCH EMPLOYEES COULD NOT HAVE BEEN PROMOTED EXCEPT ON THE BASIS OF THEIR CIVIL SERVICE STATUS UNDER THE EXAMINATIONS ACTUALLY PASSED OR QUALIFICATIONS ACTUALLY ATTAINED. FOR INSTANCE, A MESSENGER BOY, ALTHOUGH PERFORMING THE DUTIES OF MESSENGER, OR A SKILLED LABORER, ALTHOUGH PERFORMING THE DUTIES OF A CLERK, COULD BE PROMOTED ONLY AS A MESSENGER BOY OR SKILLED LABORER, RESPECTIVELY, AND NOT AS A MESSENGER OR CLERK, RESPECTIVELY.

ACCORDINGLY, IT MUST BE HELD THAT THE EXECUTIVE ORDER, WHILE AUTHORIZING A PERSON TO HOLD A POSITION THE DUTIES OF WHICH HE WAS ACTUALLY PERFORMING JUNE 30, 1924, UNDER AN IRREGULAR ASSIGNMENT, THEREBY ENTITLING THE EMPLOYEE TO THE INITIAL RATE OF COMPENSATION OF THE POSITION IN ACCORDANCE WITH HIS ALLOCATION AS OF JULY 1, 1924, PROHIBITS ANY PROMOTION WHATEVER, EITHER IN THE GRADE OR BETWEEN GRADES, UNTIL THE INCUMBENT HAS PROPERLY QUALIFIED FOR THE POSITION IN ACCORDANCE WITH CIVIL SERVICE RULES AND REGULATIONS.