A-43832, AUGUST 17, 1932, 12 COMP. GEN. 254

A-43832: Aug 17, 1932

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WHICH WERE FIXED AS OF JUNE 30. ARE SUBJECT TO AN 8 1/3 PERCENT REDUCTION UNDER THE TERMS OF SECTION 105 (D) (6) OF THE ECONOMY ACT. ARE PROHIBITED FROM BEING INCREASED DURING THE FISCAL YEAR 1933 UNDER THE PROVISIONS OF SECTION 202 OF THE ECONOMY ACT. THE VOUCHER WAS ACCOMPANIED BY SCHEDULE 272 OF JULY 28. INCLUDED IN THE VOUCHER ARE THE CLAIMS OF TWO FIELD ASSISTANTS AT $4 PER DAY FOR 4 DAYS AND 2 1/2 DAYS. THE AMOUNT PROPOSED BY THE DEPARTMENT FOR PAYMENT IS THE GROSS AMOUNT OF THE PER DIEM RATES STATED FOR THE NUMBER OF DAYS INVOLVED WITHOUT ANY DEDUCTION TO ACCOMPLISH THE ADJUSTMENT REQUIRED UNDER THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30. IN EXPLANATION OF THE PROPOSED PAYMENTS THERE WAS SUBMITTED A MEMORANDUM OF JULY 30.

A-43832, AUGUST 17, 1932, 12 COMP. GEN. 254

ECONOMY ACT - TEMPORARY, EMERGENCY, AND SEASONAL POSITIONS - PERCENTAGE REDUCTIONS - INCREASES IN COMPENSATION ALL HOURLY AND DAILY RATES OF COMPENSATION FOR TEMPORARY, EMERGENCY, AND SEASONAL POSITIONS, WHETHER VACANT OR OCCUPIED, WHICH WERE FIXED AS OF JUNE 30, 1932, ON THE BASIS OF ANNUAL RATES FOR FULL-TIME SERVICE IN EXCESS OF THE RATE OF $1,000 PER ANNUM, ARE SUBJECT TO AN 8 1/3 PERCENT REDUCTION UNDER THE TERMS OF SECTION 105 (D) (6) OF THE ECONOMY ACT, AND ARE PROHIBITED FROM BEING INCREASED DURING THE FISCAL YEAR 1933 UNDER THE PROVISIONS OF SECTION 202 OF THE ECONOMY ACT.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, AUGUST 17, 1932:

THE DEPARTMENT OF AGRICULTURE, BUREAU OF ENTOMOLOGY, HAS SUBMITTED TO THIS OFFICE FOR PREAUDIT, BUREAU VOUCHER 1724 COVERING THE PAY ROLL FOR SIX EMPLOYEES OF THE BUREAU LOCATED AT MOORESTOWN, N.J., FOR THE PERIOD JULY 1 TO 15, 1932, STATED FOR PAYMENT IN THE AGGREGATE SUM OF $97.40. THE VOUCHER WAS ACCOMPANIED BY SCHEDULE 272 OF JULY 28, 1932, APPROVED BY A. J. LEISTER, ADMINISTRATIVE OFFICER.

INCLUDED IN THE VOUCHER ARE THE CLAIMS OF TWO FIELD ASSISTANTS AT $4 PER DAY FOR 4 DAYS AND 2 1/2 DAYS, RESPECTIVELY, ONE FIELD ASSISTANT AT $5.20 PER DAY FOR 12 DAYS, AND TWO CHARWOMEN AT $4 PER DAY FOR 1 1/8 DAYS EACH. THE AMOUNT PROPOSED BY THE DEPARTMENT FOR PAYMENT IS THE GROSS AMOUNT OF THE PER DIEM RATES STATED FOR THE NUMBER OF DAYS INVOLVED WITHOUT ANY DEDUCTION TO ACCOMPLISH THE ADJUSTMENT REQUIRED UNDER THE PROVISIONS OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 399.

IN EXPLANATION OF THE PROPOSED PAYMENTS THERE WAS SUBMITTED A MEMORANDUM OF JULY 30, 1932, FROM THE BUSINESS MANAGER, BUREAU OF ENTOMOLOGY, AS FOLLOWS:

THE EMPLOYEES APPEARING ON THE ATTACHED ROLL, BUREAU VOUCHER NO. 1724, ARE TEMPORARY EMPLOYEES ONLY, NONE OF WHOM ARE HIRED IN EXCESS OF 30 WORKING DAYS IN ANY 12-MONTH PERIOD. THESE EMPLOYEES ARE OF THE MIGRATORY TYPE WHO ARE EMPLOYED AT INFREQUENT INTERVALS AS NEEDED, WITH A VERBAL UNDERSTANDING AS TO THE RATE OF PAY PER HOUR THEY SHALL RECEIVE. IF THE 8 1/3 PERCENT IS DEDUCTED THEY WILL BE PAID LESS THAN THE AMOUNT AT WHICH THEY ACCEPTED THE EMPLOYMENT. IF THE 8 1/3 PERCENT MUST BE DEDUCTED IT WILL BE NECESSARY TO EMPLOY THEM AT SUCH A RATE AS TO ALLOW THEM THE AMOUNT DEMANDED AFTER THE DEDUCTION HAS BEEN MADE. THESE EMPLOYEES ARE ON A SIX-DAY-WEEK BASIS.

THERE WOULD APPEAR TO BE NO ROOM FOR REASONABLE DOUBT THAT THESE EMPLOYEES COME WITHIN THE DEFINITION OF THE TERM "EMPLOYEE" AS SET FORTH IN SECTION 104 (A) OF THE ACT AND, THEREFORE, ARE SUBJECT TO THE 8 1/3 PERCENT REDUCTION PRESCRIBED UNDER SECTION 105 (D) (6) FOR "OFFICERS AND EMPLOYEES (AS DEFINED IN SECTION 104 (A) (OCCUPYING POSITIONS THE NATURE OF THE DUTIES AND PERIODS OF WORK OF WHICH MAKE IT IMPRACTICABLE TO APPLY THE PROVISIONS OF SUBSECTIONS (A) AND (B) OF SECTION 101.' SEE DECISION OF JULY 20, 1932, TO THE ARCHITECT OF THE CAPITOL, A-43301, 12 COMP. GEN. 83; AUGUST 8, 1932, TO THE SECRETARY OF THE NAVY, A-43642, 12 COMP. GEN. 193; AND AUGUST 9, 1932, TO YOU, A 43840, 12 COMP. GEN. 221, THE LAST CITED DECISION INVOLVING FIRE FIGHTERS UNDER THE FOREST SERVICE. THEREFORE, AS ALL OF THE HOURLY AND DAILY RATES FOR THE EMPLOYEES SHOWN ON THE ROLL IN QUESTION ARE IN EXCESS OF THE RATE OF $1,000 PER ANNUM (COMPUTED IN ACCORDANCE WITH THE PROVISIONS OF 104 (C), THE DEDUCTION OF 8 1/3 PERCENT OF THE TOTAL AMOUNT OTHERWISE DUE TO EACH EMPLOYEE, AS SHOWN ON THE ROLLS, MUST BE MADE AND THE AMOUNT OF THE DEDUCTION IMPOUNDED.

WITH REFERENCE TO THE SUGGESTIONS THAT IF THE 8 1/3 PERCENT MUST BE DEDUCTED "IT WILL BE NECESSARY TO EMPLOY THEM AT SUCH A RATE AS TO ALLOW THEM THE AMOUNT DEMANDED AFTER THE DEDUCTION HAS BEEN MADE," ATTENTION IS INVITED TO THE FACT THAT SECTION 202 OF THE ECONOMY ACT PROHIBITS ADMINISTRATIVE PROMOTIONS DURING THE FISCAL YEAR 1933. THE EFFECT OF THIS RESTRICTION IS THAT SALARY RATES AS OF JUNE 30, 1932, FOR ANY CLASS OF POSITIONS, EITHER PERMANENT, TEMPORARY, EMERGENCY, OR SEASONAL, MAY NOT BE INCREASED DURING THE FISCAL YEAR 1933, REGARDLESS OF WHETHER THE PARTICULAR POSITION INVOLVED WAS OR WAS NOT OCCUPIED ON JUNE 30, 1932.

THE COMPENSATION OF THESE TEMPORARY, EMERGENCY, OR SEASONAL POSITIONS IN THE FIELD SERVICE APPEARING TO HAVE BEEN LIMITED ON JUNE 30, 1932, TO AN HOURLY RATE COMPUTED BY DIVIDING ONE-THREE HUNDRED AND SIXTIETH OF THE MINIMUM SALARY RATE PRESCRIBED IN THE CLASSIFICATION ACT FOR A SIMILAR FULL-TIME POSITION BY THE NUMBER OF HOURS PER DAY THE ANNUAL EMPLOYEES ARE REGULARLY REQUIRED TO WORK (11 COMP. GEN. 217, 362, AND A-39522, FEBRUARY 5, 1932), THE ADMINISTRATIVE PROPOSAL TO MAKE A CORRESPONDING INCREASE IN THE RATE OF PAY FOR SUCH EMPLOYEES TO OFFSET THE 8 1/3 PERCENT DEDUCTION IS UNAUTHORIZED. WHATEVER AUTHORITY WAS VESTED IN THE ADMINISTRATIVE OFFICE PRIOR TO JULY 1, 1932, BY STATUTE OR OTHERWISE, TO FIX SALARY RATES HAS BEEN SUSPENDED DURING THE FISCAL YEAR 1933 BY SECTION 202 OF THE ECONOMY ACT, IN SO FAR AS INCREASING THE RATES IS CONCERNED.

THEREFORE, THE VOUCHER OR PAY ROLL FORWARDED FOR PREAUDIT FOR THESE TEMPORARY, EMERGENCY, OR SEASONAL EMPLOYEES WILL BE RETURNED WITHOUT CERTIFICATION BY THIS OFFICE, AND SHOULD BE REVISED TO PROVIDE FOR THE APPROPRIATE DEDUCTION OF 8 1/3 PERCENT FOR IMPOUNDING.