A-4593, SEPTEMBER 8, 1924, 4 COMP. GEN. 280

A-4593: Sep 8, 1924

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IS EFFECTIVE ONLY FROM THE BEGINNING OF THE PAY PERIOD CURRENT AT THE DATE OF RECEIPT BY THE ADMINISTRATIVE OFFICE. WILL NOT BE QUESTIONED. 1924: I HAVE YOUR LETTER OF AUGUST 8. IS REALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD TO ANOTHER GRADE. THE ALLOCATIONS THAT THE PERSONNEL CLASSIFICATION BOARD ARE EXPRESSLY AUTHORIZED TO REVIEW BY THIS SECTION ARE THOSE ORIGINALLY MADE BY THE ADMINISTRATIVE OFFICE. THE PERSONNEL CLASSIFICATION BOARD IS AUTHORIZED TO REVIEW ANY ALLOCATION ERRONEOUSLY MADE AT ANY TIME. THE CLASSIFICATION ACT IS SILENT AS TO THE EFFECTIVE DATE OF SUCH A CHANGE IN THE ALLOCATION OF THE POSITION OF AN EMPLOYEE. HELD AS FOLLOWS: * * * THE LAST ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN ALLOCATION OF POSITIONS IS THE PROPER BASIS FOR FIXING THE RATE OF COMPENSATIONS.

A-4593, SEPTEMBER 8, 1924, 4 COMP. GEN. 280

CLASSIFICATION OF CIVILIAN EMPLOYEES - EFFECTIVE DATE OF ALLOCATIONS AND REALLOCATIONS THE ORIGINAL ALLOCATION OR A REVISED ALLOCATION OF A POSITION HEREAFTER MADE UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1488, IS EFFECTIVE ONLY FROM THE BEGINNING OF THE PAY PERIOD CURRENT AT THE DATE OF RECEIPT BY THE ADMINISTRATIVE OFFICE. PAYMENTS HERETOFORE MADE EFFECTIVE FROM JULY 1, 1924, UNDER THE DECISION OF JULY 24, 1924, 4 COMP. GEN. 106, WILL NOT BE QUESTIONED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, SEPTEMBER 8, 1924:

I HAVE YOUR LETTER OF AUGUST 8, 1924, REQUESTING DECISION OF THE FOLLOWING QUESTION:

WHEN A POSITION OCCUPIED BY AN EMPLOYEE ON JULY 1, 1924, IS REALLOCATED BY THE PERSONNEL CLASSIFICATION BOARD TO ANOTHER GRADE, INVOLVING A CHANGE IN COMPENSATION, FROM WHAT DATE SHOULD THE SALARY UNDER THE NEW ALLOCATION BE PAID?

SECTION 4 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1489, PROVIDES AS FOLLOWS:

THAT AFTER CONSULTATION WITH THE BOARD, AND IN ACCORDANCE WITH A UNIFORM PROCEDURE PRESCRIBED BY IT, THE HEAD OF EACH DEPARTMENT SHALL ALLOCATE ALL POSITION IN HIS DEPARTMENT IN THE DISTRICT OF COLUMBIA TO THEIR APPROPRIATE GRADES IN THE COMPENSATION SCHEDULES AND SHALL FIX THE RATE OF COMPENSATION OF EACH EMPLOYEE THEREUNDER, IN ACCORDANCE WITH THE RULES PRESCRIBED IN SECTION 6 HEREIN. SUCH ALLOCATIONS SHALL BE REVIEWED AND MAY BE REVISED BY THE BOARD AND SHALL BECOME FINAL UPON THEIR APPROVAL BY SAID BOARD. WHENEVER AN EXISTING POSITION OR A POSITION HEREAFTER CREATED BY LAW SHALL NOT FAIRLY AND REASONABLY BE ALLOCABLE TO ONE OF THE GRADES OF THE SEVERAL SERVICES DESCRIBED IN THE COMPENSATION SCHEDULES, THE BOARD SHALL ADOPT FOR SUCH POSITION THE RANGE OF COMPENSATION PRESCRIBED FOR A GRADE, OR A CLASS THEREOF, COMPARABLE THEREWITH AS TO QUALIFICATIONS AND DUTIES.

THE ALLOCATIONS THAT THE PERSONNEL CLASSIFICATION BOARD ARE EXPRESSLY AUTHORIZED TO REVIEW BY THIS SECTION ARE THOSE ORIGINALLY MADE BY THE ADMINISTRATIVE OFFICE. HOWEVER, UNDER THE GENERALLY RECOGNIZED PRINCIPLE THAT A GOVERNMENT OFFICER, OR, AS IN THIS CASE, A GOVERNMENT BOARD, MAY REVIEW ITS OWN ACTION FOR THE PURPOSE OF CORRECTING A MISTAKE, THE PERSONNEL CLASSIFICATION BOARD IS AUTHORIZED TO REVIEW ANY ALLOCATION ERRONEOUSLY MADE AT ANY TIME. THE CLASSIFICATION ACT IS SILENT AS TO THE EFFECTIVE DATE OF SUCH A CHANGE IN THE ALLOCATION OF THE POSITION OF AN EMPLOYEE. DECISION OF JULY 24, 1924, A-3967, 4 COMP. GEN. 106, HELD AS FOLLOWS:

* * * THE LAST ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN ALLOCATION OF POSITIONS IS THE PROPER BASIS FOR FIXING THE RATE OF COMPENSATIONS, AND SUCH RATE IS IN GENERAL EFFECTIVE AS OF AND FROM JULY 1, 1924. * * *

THAT PARTICULAR DECISION WAS RENDERED TO THE LIBRARIAN OF CONGRESS ON THE BASIS OF REVISIONS OF ALLOCATIONS MADE PRIOR TO JULY 1, 1924, AND RECEIVED BY THE LIBRARIAN ON THAT DATE. TO APPLY THE SAME RULE TO ALL REVISED OR CHANGED ALLOCATIONS MADE DURING THE PRESENT FISCAL YEAR WOULD RESULT IN CONFUSION, IMPOSSIBILITY OF PROPER ACCOUNTING, AND DIFFICULTY IN THE APPLICATION OF THE AVERAGE PROVISION APPEARING IN THE APPROPRIATION ACTS.

IT APPEARS TO BE A FACT THAT ALL ALLOCATIONS HAD NOT BEEN MADE BY JULY 1, 1924, AND HENCE THERE WERE ALLOCATIONS SUBSEQUENT TO THAT DATE WHICH WERE EITHER ORIGINAL ALLOCATIONS OR ALLOCATIONS BASED UPON AN APPEAL FROM AN ALLOCATION PREVIOUSLY MADE. EMPLOYEES ARE UNDERSTOOD TO HAVE BEEN PAID ACCORDING TO THE COMPENSATION WHICH THEY WERE IN RECEIPT OF WHERE NO ORIGINAL ALLOCATION HAD BEEN MADE AND WERE PAID ACCORDING TO THE ORIGINAL ALLOCATION IF THERE WAS AN APPEAL FROM SUCH ALLOCATION. THIS APPEARS TO HAVE BEEN AS NEARLY AS POSSIBLE THE PRACTICAL RULE TO FOLLOW, AND I SEE NO REASON TO QUESTION THE PAYMENTS THUS HERETOFORE MADE. HEREAFTER ALLOCATIONS MAY BE GIVEN EFFECT TO ONLY FOR THE PAY PERIOD CURRENT UPON THE DATE OF RECEIPT BY THE ADMINISTRATIVE OFFICE OF THE ALLOCATION, WHETHER IT BE AN ORIGINAL ALLOCATION OR AN ALLOCATION RESULTING FROM AN APPEAL.