A-56972, AUGUST 18, 1934, 14 COMP. GEN. 136

A-56972: Aug 18, 1934

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WHO ARE PAID FROM EMERGENCY FUNDS ALLOCATED TO THAT DEPARTMENT BY THE FEDERAL EMERGENCY RELIEF ADMINISTRATION. ARE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE. SINCE THE POSITIONS ARE NOT WITHIN ANY OF THE EXCEPTIONS SPECIFIED IN EXECUTIVE ORDER 6746. ARE REQUIRED TO BE CLASSIFIED. THESE FIELD EMPLOYEES ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 2. ARE ENGAGED UPON THE SUBMARGINAL LAND SURVEYS PRELIMINARY TO AND A PART OF THE MIGRATORY WATERFOWL RESTORATION PROGRAM BEING FINANCED FROM FEDERAL EMERGENCY RELIEF ADMINISTRATION FUNDS. THE POSITIONS OF THESE EMPLOYEES ARE NOT BEING CLASSIFIED. SALARY RATES ARE NET. PROVIDES: THE POSITIONS OF EMPLOYEES IN EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS WHO ARE PAID FROM EMERGENCY FUNDS SHALL BE CLASSIFIED UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923.

A-56972, AUGUST 18, 1934, 14 COMP. GEN. 136

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATED EMERGENCY FUNDS EMPLOYEES APPOINTED TO POSITIONS UNDER THE SUPERVISION OF THE DEPARTMENT OF AGRICULTURE IN CONNECTION WITH THE MIGRATORY WATERFOWL RESTORATION PROGRAM, WHO ARE PAID FROM EMERGENCY FUNDS ALLOCATED TO THAT DEPARTMENT BY THE FEDERAL EMERGENCY RELIEF ADMINISTRATION, ARE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE, AND, SINCE THE POSITIONS ARE NOT WITHIN ANY OF THE EXCEPTIONS SPECIFIED IN EXECUTIVE ORDER 6746, OF JUNE 21, 1934, ARE REQUIRED TO BE CLASSIFIED.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, AUGUST 18, 1934:

THERE HAS BEEN RECEIVED IN THIS OFFICE FOR PREAUDIT BUREAU VOUCHER NO. 6469 FOR THE PERIOD JUNE 29 TO JULY 15, 1934, SCHEDULE NO. 1105, BUREAU OF BIOLOGICAL SURVEY.

THE VOUCHER COVERS INITIAL SALARY PAYMENTS UNDER ORIGINAL APPOINTMENTS TO J. CLARK SALYER, DIRECTOR OF MIGRATORY WATERFOWL PROGRAM, AT $4,600 PER ANNUM, WITH HEADQUARTERS DESIGNATED AS ANN ARBOR, MICH., AND O. G. BAXTER, HYDRAULIC ENGINEER, $3,800 PER ANNUM, WITH HEADQUARTERS DESIGNATED AS LITTLE ROCK, ARK., AND PROPOSES PAYMENT UNDER THE APPROPRIATION "3 TIMES 027.29 WORKING FUND, DEPARTMENT OF AGRICULTURE, PUBLIC WORKS (SUBMARGINAL LAND SURVEYS UNDER MIGRATORY WATERFOWL PROGRAM).' THE VOUCHER CONTAINS A STATEMENT AS FOLLOWS:

IN ACCORDANCE WITH EXCEPTIONS (5) AND (6) OF EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, THESE FIELD EMPLOYEES ARE NOT SUBJECT TO THE PROVISIONS OF SECTION 2, TITLE II, OF THE ACT OF MARCH 20, 1933 (CH. 3, 48 STAT. 8, 12), AS AMENDED BY SECTION 21, TITLE II, OF THE ACT OF MARCH 28, 1934 (PUBLIC, NO. 141, 73D CONG.).

THESE EMPLOYEES, AND OTHERS TO BE HEREAFTER EMPLOYED, ARE ENGAGED UPON THE SUBMARGINAL LAND SURVEYS PRELIMINARY TO AND A PART OF THE MIGRATORY WATERFOWL RESTORATION PROGRAM BEING FINANCED FROM FEDERAL EMERGENCY RELIEF ADMINISTRATION FUNDS.

THE POSITIONS OF THESE EMPLOYEES ARE NOT BEING CLASSIFIED, AND SALARY RATES ARE NET.

EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, PROVIDES:

THE POSITIONS OF EMPLOYEES IN EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS WHO ARE PAID FROM EMERGENCY FUNDS SHALL BE CLASSIFIED UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED: PROVIDED, THAT THE HEADS OF SUCH DEPARTMENTS AND ESTABLISHMENTS MAY ELECT TO FIX SUCH RATES OF COMPENSATION EITHER UNDER THE SAID CLASSIFICATION ACT OR IN ACCORDANCE WITH THE SALARY SCHEDULE PRESCRIBED IN THIS ORDER.

THE FOLLOWING ARE HEREBY EXCEPTED FROM THE PROVISIONS OF THIS ORDER:

(3) ALL COMMON, UNSKILLED, SKILLED, OR SEMISKILLED LABORERS, SKILLED TRADESMEN SUCH AS MACHINISTS, PLUMBERS, STEAMFITTERS, CARPENTERS, PAINTERS, ETC., AND THE FOREMEN OF SINGLE GROUPS OF SUCH EMPLOYEES, AND SEAMEN AND SHIP'S OFFICERS, WHOSE RATES OF COMPENSATION, UNDER EXISTING LAWS AND PRACTICE, ARE FIXED BY LABOR WAGE BOARDS, OR AT LOCAL WAGE RATES AS DETERMINED UNDER AUTHORITY OF LAW BY THE HEADS OF THE AGENCIES CONCERNED.

(4) ALL ENROLLEES OF THE EMERGENCY CONSERVATION WORK CAMPS.

(5) ALL EMPLOYEES OF THE FEDERAL CIVIL WORKS ADMINISTRATION AND THE FEDERAL EMERGENCY RELIEF ADMINISTRATION EXCEPT THE CLERICAL AND ADMINISTRATIVE PERSONNEL EMPLOYED IN THE CENTRAL OFFICES OF THE SAID ADMINISTRATIONS IN THE DISTRICT OF COLUMBIA.

(6) ALL OTHER PERSONS ENGAGED IN EMPLOYMENT SIMILAR TO THAT OF THE CLASSES OF EMPLOYEES DESCRIBED IN (3), (4), AND (5), SUPRA, OR EMPLOYED UNDER SIMILAR CIRCUMSTANCES.

IN ALL CASES NOT SUBJECT TO THE PROVISIONS OF SECTION 2, TITLE II, OF THE ACT OF MARCH 20, 1933 (CH. 3, 48 STAT. 12), AS AMENDED BY SECTION 21, TITLE II, OF THE ACT OF MARCH 28, 1934 (PUBLIC NO. 141, 73D CONG.), THE RATES PAYABLE TO EMPLOYEES SUBJECT TO THE PROVISIONS OF THIS ORDER SHALL BE THE RATES FIXED WITHIN THE RESPECTIVE GRADES DECREASED BY THE AMOUNT, IF ANY, BY WHICH SUCH RATE WOULD BE REDUCED PURSUANT TO THE PROVISIONS OF SAID SECTION 2 IF SUCH SECTION WERE APPLICABLE. EVERY APPOINTMENT HEREAFTER MADE SHALL STIPULATE THAT THE RATE TO BE PAID THEREUNDER SHALL BE THE APPROPRIATE GRADE RATE SPECIFIED THEREIN LESS THE AMOUNT, IF ANY, BY WHICH SUCH RATE WOULD BE REDUCED PURSUANT TO THE PROVISIONS OF SAID SECTION 2 IF SUCH SECTION WERE APPLICABLE.

THE POSITIONS IN QUESTION REQUIRE THE PERFORMANCE OF DUTIES AND RESPONSIBILITIES UNDER THE SUPERVISION OF AN EXECUTIVE DEPARTMENT AND THE COMPENSATION THEREFOR IS TO BE PAID FROM EMERGENCY FUNDS ALLOCATED TO SUCH DEPARTMENT BY THE FEDERAL EMERGENCY RELIEF ADMINISTRATION. THE FACT THAT THE COMPENSATION IS TO BE PAID FROM THE SO-CALLED "WORKING FUND" ALLOTTED TO THE DEPARTMENT OF AGRICULTURE DOES NOT ALTER THE FACT THAT THE OCCUPANTS OF THE POSITIONS ARE EMPLOYEES OF THE DEPARTMENT OF AGRICULTURE AND ARE NOT EMPLOYEES OF THE FEDERAL EMERGENCY RELIEF ADMINISTRATION. NEITHER DOES IT APPEAR THAT THE EMPLOYMENT ON WHICH THESE EMPLOYEES WERE ENGAGED WAS SIMILAR TO THE EMPLOYMENTS REFERRED TO UNDER 3, 4, OR 5 OF THE EXCEPTIONS LISTED IN THE EXECUTIVE ORDER.

SINCE THE POSITIONS ARE NOT WITHIN ANY OF THE EXCEPTIONS SPECIFIED IN EXECUTIVE ORDER NO. 6746, THE HEAD OF THE DEPARTMENT WAS REQUIRED TO FIX THE RATES OF COMPENSATION OF SUCH EMPLOYEES EITHER UNDER THE CLASSIFICATION ACT OR IN ACCORDANCE WITH THE SALARY SCHEDULE PRESCRIBED IN SAID ORDER. THE POSITIONS NOT HAVING BEEN CLASSIFIED UNDER EITHER PROCEDURE, AS REQUIRED BY THE EXECUTIVE ORDER, CERTIFICATION OF THE PAY ROLL IS NOT AUTHORIZED. THE PAY ROLL WILL BE RETAINED IN THIS OFFICE PENDING THE RECEIPT OF EVIDENCE OF CLASSIFICATION OF SUCH EMPLOYEES.