A-46379, DECEMBER 30, 1932, 12 COMP. GEN. 484

A-46379: Dec 30, 1932

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ECONOMY ACT - LEGISLATIVE FURLOUGH - TRANSFER OF EMPLOYEES WHEN AN EMPLOYEE IS TRANSFERRED FROM ONE DEPARTMENT OR OFFICE TO ANOTHER. MUST BE MADE BY THE DEPARTMENT OR OFFICE TO WHICH THE EMPLOYEE IS TRANSFERRED. THE DEPARTMENT OR OFFICE TO WHICH THE EMPLOYEE IS TRANSFERRED MAY CREDIT THE EMPLOYEE WITH FURLOUGH TIME REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT TAKEN UNDER THE DEPARTMENT OR OFFICE FROM WHICH TRANSFERRED AND 24 WORKING DAYS. FOUR OF OUR DRIVER MECHANICS WERE TRANSFERRED FROM THE MOTOR VEHICLE SERVICE TO THE CUSTODIAN SERVICE. THE LAST DAY OF SERVICE FOR THE POST OFFICE WAS DECEMBER 4TH AND THE FIRST DAY OF CUSTODIAN SERVICE DECEMBER 5TH. THESE MEN HAVE HAD THE FOLLOWING FURLOUGH DAYS DEDUCTED: TABLE E.

A-46379, DECEMBER 30, 1932, 12 COMP. GEN. 484

ECONOMY ACT - LEGISLATIVE FURLOUGH - TRANSFER OF EMPLOYEES WHEN AN EMPLOYEE IS TRANSFERRED FROM ONE DEPARTMENT OR OFFICE TO ANOTHER, THE DIFFERENCE BETWEEN THE FURLOUGH DEDUCTIONS PROPERLY MADE BY THE DEPARTMENT OR OFFICE FROM WHICH TRANSFERRED IN ACCORDANCE WITH THE RULES AND PROCEDURE PRESCRIBED BY THE GENERAL ACCOUNTING OFFICE, AND THE FULL AMOUNT OF COMPENSATION DEDUCTIONS FOR 30 CALENDAR DAYS (24 WORKING DAYS AT THE RATE OF 1 1/4 DAYS' PAY) REQUIRED BY THE STATUTE, MUST BE MADE BY THE DEPARTMENT OR OFFICE TO WHICH THE EMPLOYEE IS TRANSFERRED. THE DEPARTMENT OR OFFICE TO WHICH THE EMPLOYEE IS TRANSFERRED MAY CREDIT THE EMPLOYEE WITH FURLOUGH TIME REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT TAKEN UNDER THE DEPARTMENT OR OFFICE FROM WHICH TRANSFERRED AND 24 WORKING DAYS.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, DECEMBER 30, 1932:

THERE HAS BEEN RECEIVED THE FOLLOWING LETTER FROM THE CUSTODIAN, TREASURY DEPARTMENT:

IN CONNECTION WITH MOVING INTO A NEW POST-OFFICE BUILDING, FOUR OF OUR DRIVER MECHANICS WERE TRANSFERRED FROM THE MOTOR VEHICLE SERVICE TO THE CUSTODIAN SERVICE, TREASURY DEPARTMENT, WITH REDUCTION IN SALARY FROM $2,000 TO $1,200. THE LAST DAY OF SERVICE FOR THE POST OFFICE WAS DECEMBER 4TH AND THE FIRST DAY OF CUSTODIAN SERVICE DECEMBER 5TH.

THESE MEN HAVE HAD THE FOLLOWING FURLOUGH DAYS DEDUCTED:

TABLE E. J. DAILEY----------------------------------------11 N. H. KLICK- ----------------------------------------11 ANTHONY RUDOLPH------ --------- ---------------------12 WALTER L. WERREN--------------------- ------------ --11

WILL YOU KINDLY ADVISE WHAT IF ANY FURLOUGH DEDUCTION SHOULD BE MADE FROM THEIR SALARY AS LABORER IN THE CUSTODIAN SERVICE BEGINNING DECEMBER 5TH.

THE ECONOMY ACT DOES NOT CONTAIN ANY EXPRESS PROVISION GOVERNING THE LEGISLATIVE FURLOUGH DEDUCTIONS TO BE CHARGED OR THE AMOUNT OF FURLOUGH TIME TO BE CREDITED TO EMPLOYEES UPON TRANSFER FROM ONE DEPARTMENT OR OFFICE TO ANOTHER. HOWEVER, THE PROVISIONS OF SECTION 101 (B) OF THE ECONOMY ACT CLEARLY ARE INTENDED TO APPLY TO THE EMPLOYEES RATHER THAN TO THE POSITIONS; THAT IS, THE PLAN OF DEDUCTION FROM COMPENSATION IS PERSONAL TO THE EMPLOYEE THROUGHOUT THE FISCAL YEAR, WHETHER IN ONE OR MORE POSITIONS AND IRRESPECTIVE OF VARIATION IN SALARY RATE.

WHEN AN EMPLOYEE IS TRANSFERRED FROM ONE DEPARTMENT OR OFFICE TO ANOTHER THERE MUST HAVE BEEN A DEDUCTION FROM THE COMPENSATION PAID UNDER THE APPROPRIATION FOR THE DEPARTMENT OR OFFICE FROM WHICH TRANSFERRED AT THE RATE OF 2 1/2 DAYS' PAY FOR EACH MONTH OF SERVICE UNDER THAT DEPARTMENT OR OFFICE, PLUS 1 1/4 DAYS' PAY FOR EACH DAY'SABSENCE ON LEGISLATIVE FURLOUGH IN EXCESS OF THE FURLOUGH TIME TO THE CREDIT OF THE EMPLOYEE WHEN THE FURLOUGH WAS TAKEN. THE DIFFERENCE BETWEEN THE FURLOUGH DEDUCTIONS THUS MADE AND THE FULL AMOUNT OF COMPENSATION DEDUCTIONS FOR 30 CALENDAR DAYS (24 WORKING DAYS AT THE RATE OF 1 1/4 DAYS' PAY) REQUIRED BY THE STATUTE, MUST BE MADE BY THE DEPARTMENT OR OFFICE TO WHICH THE EMPLOYEE IS TRANSFERRED.

THE DEPARTMENT OR OFFICE TO WHICH THE EMPLOYEE IS TRANSFERRED MAY CREDIT THE EMPLOYEE WITH FURLOUGH TIME REPRESENTING THE DIFFERENCE BETWEEN THE AMOUNT TAKEN UNDER THE DEPARTMENT OR OFFICE FROM WHICH TRANSFERRED AND 24 WORKING DAYS.

IN THE CASE PRESENTED, AS EACH OF THE EMPLOYEES HAD TAKEN UNDER THE POST OFFICE DEPARTMENT MORE LEGISLATIVE FURLOUGH THAN WAS TO HIS CREDIT ON DECEMBER 5, THERE SHOULD BE DEDUCTED AND IMPOUNDED BY THE TREASURY DEPARTMENT, COMPENSATION FOR LEGISLATIVE FURLOUGH, BASED ON $1,200 PER ANNUM, IN THE MANNER PRESCRIBED BY THE RULES AND PROCEDURE OF THIS OFFICE, AS FOLLOWS:

TABLE

DAYS E. J. DAILEY-------------------------------- ----------- 13 N. H. KLICK-------------------------------------------- 13 ANTHONY RUDOLPH------ ----------------------------------- 12 WALTER L. WERREN------------------- --------------------- 13 ..END :