A-44231, AUGUST 30, 1932, 12 COMP. GEN. 307

A-44231: Aug 30, 1932

Additional Materials:

Contact:

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

 

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

PRESCRIBED MAINLY A RULE AND POLICY TO BE FOLLOWED BY THE OFFICIALS CHARGED BY LAW WITH THE DUTY OF REDUCING THE FORCE OF FEDERAL EMPLOYEES AND DOES NOT INVOLVE A MATTER UPON WHICH THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED TO RENDER A DECISION. DESIRES INFORMATION RELATIVE TO DECLARING SURPLUS A STENOGRAPHER WHO IS ASSIGNED TO A CAF-2 POSITION. THERE IS EMPLOYED AT THAT STATION A GRADE CAF-3 STENOGRAPHER WHOSE HUSBAND IS ALSO IN THE SERVICE OF THE UNITED STATES. WILL IT BE NECESSARY TO DISMISS THE GRADE 3 STENOGRAPHER IN MAKING A REDUCTION OF FORCE? I CAN NOT SEE THAT THERE IS ANY SUBSTANTIAL DISTINCTION BETWEEN THE CHARACTER OF WORK ASSIGNED TO STENOGRAPHERS IN GRADES 2 AND 3. IN THE EVENT THAT A CLERK IN GRADE 1 IS SURPLUSED AND THERE IS A GRADE 7 CLERK WHOSE HUSBAND OR WIFE IS ALSO EMPLOYED IN THE SERVICE.

A-44231, AUGUST 30, 1932, 12 COMP. GEN. 307

ECONOMY ACT - PREFERENCE IN MAKING REDUCTIONS THE PROVISION IN THE FIRST SENTENCE OF SECTION 213 OF THE ECONOMY ACT REQUIRING PREFERENCE, WHEN REDUCING THE FORCE, TO BE GIVEN TO PERSONS OTHER THAN MARRIED PERSONS RESIDING WITH HUSBAND OR WIFE, SUCH HUSBAND OR WIFE BEING IN THE SERVICE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA, PRESCRIBED MAINLY A RULE AND POLICY TO BE FOLLOWED BY THE OFFICIALS CHARGED BY LAW WITH THE DUTY OF REDUCING THE FORCE OF FEDERAL EMPLOYEES AND DOES NOT INVOLVE A MATTER UPON WHICH THE GENERAL ACCOUNTING OFFICE IS AUTHORIZED TO RENDER A DECISION.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, AUGUST 30, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF AUGUST 19, 1932, REQUESTING DECISION OF THE QUESTIONS INVOLVED IN THE FOLLOWING DESCRIBED CASES:

THE MEDICAL OFFICER IN CHARGE AT NORTHAMPTON, MASSACHUSETTS, DESIRES INFORMATION RELATIVE TO DECLARING SURPLUS A STENOGRAPHER WHO IS ASSIGNED TO A CAF-2 POSITION. THERE IS EMPLOYED AT THAT STATION A GRADE CAF-3 STENOGRAPHER WHOSE HUSBAND IS ALSO IN THE SERVICE OF THE UNITED STATES, BEING EMPLOYED IN THE RAILWAY MAIL SERVICE AT SPRINGFIELD, MASSACHUSETTS. WILL IT BE NECESSARY TO DISMISS THE GRADE 3 STENOGRAPHER IN MAKING A REDUCTION OF FORCE? I CAN NOT SEE THAT THERE IS ANY SUBSTANTIAL DISTINCTION BETWEEN THE CHARACTER OF WORK ASSIGNED TO STENOGRAPHERS IN GRADES 2 AND 3.

INFORMATION HAS ALSO BEEN REQUESTED AS TO WHAT PRINCIPLE WOULD APPLY TO A REDUCTION IN FORCE OF CLERICAL EMPLOYEES, SAY IN GRADES CAF-1 AND 7, IN THE EVENT THAT A CLERK IN GRADE 1 IS SURPLUSED AND THERE IS A GRADE 7 CLERK WHOSE HUSBAND OR WIFE IS ALSO EMPLOYED IN THE SERVICE.

THE FIRST SENTENCE OF SECTION 213 OF THE ECONOMY ACT OF JUNE 30, 1932, 47 STAT. 406, PROVIDES:

IN ANY REDUCTION OF PERSONNEL IN ANY BRANCH OR SERVICE OF THE UNITED STATES GOVERNMENT OR THE DISTRICT OF COLUMBIA, MARRIED PERSONS (LIVING WITH HUSBAND OR WIFE) EMPLOYED IN THE CLASS TO BE REDUCED SHALL BE DISMISSED BEFORE ANY OTHER PERSONS EMPLOYED IN SUCH CLASS ARE DISMISSED, IF SUCH HUSBAND OR WIFE IS ALSO IN THE SERVICE OF THE UNITED STATES, OR THE DISTRICT OF COLUMBIA. * * *

YOU REFER TO A LETTER OF THIS OFFICE, DATED JULY 18, 1932, A-43351, 12 COMP. GEN. 74, WHEREIN THERE WERE EXPRESSED CERTAIN VIEWS AS TO THE MEANING OF THE WORDS "CLASS TO BE REDUCED" APPEARING IN THE ABOVE QUOTED STATUTORY PROVISION. HOWEVER, IN THE SUBSEQUENT DECISION OF AUGUST 15, 1932, A-43810, 12 COMP. GEN. 245, AFTER QUOTING THE LAST SENTENCE OF SECTION 213 OF THE ECONOMY ACT, IT WAS STATED:

THIS PROVISION PRESCRIBES MAINLY A RULE AND POLICY TO BE FOLLOWED BY THE OFFICIALS CHARGED BY LAW WITH THE DUTY OF SELECTING AND APPOINTING PERSONS TO THE CLASSIFIED CIVIL SERVICE. THEREFORE, YOUR SUBMISSION DOES NOT INVOLVE DIRECTLY A MATTER UPON WHICH THIS OFFICE IS AUTHORIZED TO RENDER A DECISION.

THE FIRST SENTENCE OF SECTION 213 ABOVE QUOTED ALSO PRESCRIBES A RULE AND POLICY TO BE FOLLOWED BY THE OFFICERS CHARGED BY LAW WITH THE DUTY OF SELECTING THE EMPLOYEES TO BE DISCHARGED WHEN THERE BECOMES NECESSARY A "REDUCTION OF ANY BRANCH OR SERVICE OF THE UNITED STATES OR THE DISTRICT OF COLUMBIA.' THEREFORE, YOUR SUBMISSION DOES NOT INVOLVE DIRECTLY A MATTER UPON WHICH THIS OFFICE IS AUTHORIZED TO RENDER A DECISION. IT IS SUGGESTED THAT THE MATTER BE TAKEN UP WITH THE CIVIL SERVICE COMMISSION.