A-5897, NOVEMBER 24, 1924, 4 COMP. GEN. 474

A-5897: Nov 24, 1924

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CLASSIFICATION OF CIVILIAN EMPLOYEES - REALLOCATION AND EXCHANGE OF DUTIES THE RATE OF PAY RECEIVED IN ONE GRADE UNDER AN ORIGINAL ALLOCATION HAS NO BEARING ON THE RATE PAYABLE IN ANOTHER GRADE TO WHICH THE POSITION IS REALLOCATED. WHICH MAY BE PAID ON THE SAME BASIS WITH RESPECT TO EXCESS OF AVERAGE AS THOUGH IT WERE AN ORIGINAL ALLOCATION. WHERE THE DUTIES OF AN EMPLOYEE ARE MATERIALLY CHANGED SUBSEQUENT TO JULY 1. THE EMPLOYEE IS PLACED IN A NEW AND DIFFERENT POSITION THAN THE ONE HELD JUNE 30. HIS RATE IN A GRADE IN WHICH THE AVERAGE IS EXCESSIVE IS THE MINIMUM RATE OF THE GRADE. NO CHANGE IN THE RATE OF COMPENSATION OF EITHER EMPLOYEE NEED BE MADE WHETHER THE PROPER AVERAGE IS OR IS NOT EXCEEDED.

A-5897, NOVEMBER 24, 1924, 4 COMP. GEN. 474

CLASSIFICATION OF CIVILIAN EMPLOYEES - REALLOCATION AND EXCHANGE OF DUTIES THE RATE OF PAY RECEIVED IN ONE GRADE UNDER AN ORIGINAL ALLOCATION HAS NO BEARING ON THE RATE PAYABLE IN ANOTHER GRADE TO WHICH THE POSITION IS REALLOCATED, BUT THE RATE OF PAY UNDER THE REALLOCATION MUST BE BASED ON THE RATE RECEIVED ON JUNE 30, 1924, AND FIXED IN ACCORDANCE WITH THE RULES OF SECTION 6 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1490, WHICH MAY BE PAID ON THE SAME BASIS WITH RESPECT TO EXCESS OF AVERAGE AS THOUGH IT WERE AN ORIGINAL ALLOCATION. WHERE THE DUTIES OF AN EMPLOYEE ARE MATERIALLY CHANGED SUBSEQUENT TO JULY 1, 1924, EITHER TOTALLY OR PARTIALLY, THE EMPLOYEE IS PLACED IN A NEW AND DIFFERENT POSITION THAN THE ONE HELD JUNE 30, 1924, AND HIS RATE IN A GRADE IN WHICH THE AVERAGE IS EXCESSIVE IS THE MINIMUM RATE OF THE GRADE. UPON EXCHANGE OF DUTIES OF TWO EMPLOYEES IN THE SAME GRADE UNDER THE SAME APPROPRIATION UNIT, NO CHANGE IN THE RATE OF COMPENSATION OF EITHER EMPLOYEE NEED BE MADE WHETHER THE PROPER AVERAGE IS OR IS NOT EXCEEDED. THE PROMOTION OF EITHER EMPLOYEE BECAUSE OF EXCHANGE OF DUTIES, IN A GRADE WHEREIN THE PROPER AVERAGE HAS ALREADY BEEN EXCEEDED OR WHICH WOULD CAUSE THE PROPER AVERAGE TO BE EXCEEDED, WOULD NOT BE AUTHORIZED. WHERE DIFFERENT APPROPRIATIONS CONSTITUTE SEPARATE AND DISTINCT APPROPRIATION UNITS WITHIN THE MEANING OF THE "AVERAGE" PROVISION IN THE APPROPRIATION ACTS FOR 1925, AN EXCHANGE OF DUTIES OF TWO EMPLOYEES PAID UNDER SUCH SEPARATE AND DISTINCT APPROPRIATION UNITS CONSTITUTES A TRANSFER, AND THE RATE OF COMPENSATION PAYABLE TO EITHER EMPLOYEE IN A GRADE IN WHICH THE AVERAGE WAS ALREADY EXCEEDED OR WOULD BE BY THE TRANSFER IS THE MINIMUM RATE OF THE GRADE.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, NOVEMBER 24, 1924:

I HAVE YOUR LETTER OF OCTOBER 22, 1924, REQUESTING DECISION OF FOUR QUESTIONS AS FOLLOWS:

1. IF THE POSITION HELD BY AN EMPLOYEE RECEIVING THE MAXIMUM SALARY IN HIS GRADE IS REALLOCATED ON APPEAL TO THE NEXT HIGHER GRADE WITHOUT CHANGE IN DUTIES WILL HE BE PERMITTED TO CONTINUE AT HIS EXISTING SALARY IN THE NEW GRADE IF THE AVERAGE OF SAID GRADE IS ALREADY IN EXCESS OF THE STANDARD AVERAGE?

2. WOULD THE RESULT BE DIFFERENT IF THE ACTION OF THE PERSONNEL CLASSIFICATION BOARD IN RAISING THE GRADE WERE BASED UPON A PARTIAL OR ENTIRE CHANGE OF DUTIES OF SAID EMPLOYEE, DUE TO A REDISTRIBUTION OF WORK AMONG A NUMBER OF EMPLOYEES WITHOUT ANY CHANGES IN PERSONNEL?

3. IF TWO EMPLOYEES IN THE SAME OFFICE WHO ARE PAID FROM THE SAME APPROPRIATION, CLASSIFIED IN THE SAME GRADE, AND EACH OF WHOM RECEIVE A SALARY ABOVE THE STANDARD RATE ARE DIRECTED TO EXCHANGE DUTIES, WILL THIS ACTION CAUSE ANY REDUCTION IN THEIR RESPECTIVE SALARIES IF THE AVERAGE PAY OF THE GRADE IS ALREADY IN EXCESS OF THE STANDARD RATE?

4.WOULD THE RESULT IN THE FOREGOING CASE BE DIFFERENT IF THE EMPLOYEES, ALTHOUGH WORKING IN THE SAME OFFICE, WERE PAID FROM DIFFERENT APPROPRIATIONS?

(1) IT IS THE RATE OF PAY RECEIVED JUNE 30, 1924, AND NOT THE RATE OF PAY RECEIVED INITIALLY, OR BY PROMOTION, UNDER AN ORIGINAL ALLOCATION OF A POSITION EFFECTIVE JULY 1, 1924, WHICH CONTROLS THE INITIAL SALARY RATE PROPERLY PAYABLE UNDER A REALLOCATION OF THE SAME POSITION SUBSEQUENT TO JULY 1, 1924. DECISION OF OCTOBER 23, 1924, 4 COMP. GEN. 401. THEREFORE, WHAT THE EMPLOYEE WAS RECEIVING UNDER HIS FIRST ALLOCATION, WHETHER THE MAXIMUM RATE OF THE GRADE OR ANY OTHER RATE OF THE GRADE, IS NOT FOR CONSIDERATION IN DETERMINING THE RATE PROPERLY PAYABLE UNDER THE REALLOCATION. THE INITIAL RATE UNDER THE REALLOCATION BASED ON THE RATE RECEIVED JUNE 30, 1924, AND FIXED IN ACCORDANCE WITH THE RULES OF SECTION 6 OF THE CLASSIFICATION ACT OF 1923, MAY BE PAID ON THE SAME BASIS WITH RESPECT TO EXCESS OF THE AVERAGE IN THE GRADE AS THOUGH IT WERE AN ORIGINAL ALLOCATION. DECISION OF OCTOBER 22, 1924, 4 COMP. GEN. 397.

(2) IF THE DUTIES OF AN EMPLOYEE ARE MATERIALLY CHANGED SUBSEQUENT TO JULY 1, 1924, EITHER TOTALLY OR PARTIALLY, THE EFFECT WOULD BE TO PLACE THE EMPLOYEE IN A NEW AND DIFFERENT POSITION THAN THE ONE HELD JUNE 30, 1924, AND THE CHANGE IN GRADE BASED ON THE CHANGE OF DUTIES IS NOT A REALLOCATION OF THE SAME POSITION HELD JUNE 30, 1924, BUT AN ORIGINAL ALLOCATION OF A NEW POSITION, OR THE PROMOTION, DEMOTION, OR TRANSFER OF AN EMPLOYEE BETWEEN EXISTING POSITIONS. THE RATE OF COMPENSATION OF AN EMPLOYEE PLACED IN A NEW POSITION BY REASON OF CHANGE IN HIS DUTIES, OR BY PROMOTION, DEMOTION, OR TRANSFER TO AN EXISTING POSITION, IN A GRADE IN WHICH THE AVERAGE IS EXCESSIVE, MUST BE AT THE MINIMUM SALARY RATE OF THE GRADE. WHAT WAS SAID UNDER QUESTION 1 HAS NO APPLICATION TO THIS QUESTION.

(3) NOT NECESSARILY. CHANGES IN THE RATES OF PAY OF INDIVIDUAL EMPLOYEES WITHIN A GRADE ARE BASED ON THE COMPARATIVE EFFICIENCY OF THE EMPLOYEES IN THE GRADE; THAT IS, ALL THE POSITIONS ARE PRESUMED TO HAVE BEEN ALLOCATED TO THE GRADE BECAUSE OF SIMILARITY OF DUTIES PERFORMED. ACCORDINGLY, UPON EXCHANGE OF DUTIES OF TWO EMPLOYEES IN THE SAME GRADE NO CHANGE IN THE RATE OF COMPENSATION OF EITHER EMPLOYEE NEED BE MADE, WHETHER THE AVERAGE IS OR IS NOT EXCESSIVE. THE PROMOTION OF EITHER EMPLOYEE BECAUSE OF SUCH AN EXCHANGE OF DUTIES IN A GRADE WHEREIN THE PROPER AVERAGE HAS ALREADY BEEN EXCEEDED, OR WHICH WOULD CAUSE THE PROPER AVERAGE TO BE EXCEEDED, WOULD NOT BE AUTHORIZED.

(4) IF THE DIFFERENT APPROPRIATIONS CONSTITUTE SEPARATE AND DISTINCT APPROPRIATION UNITS WITHIN THE MEANING OF THE "AVERAGE" PROVISION IN THE APPROPRIATION ACTS FOR 1925, AN EXCHANGE OF DUTIES OF TWO EMPLOYEES PAID UNDER SEPARATE AND DISTINCT APPROPRIATION UNITS WOULD IN EFFECT CONSTITUTE A TRANSFER. THE RATE OF COMPENSATION PAYABLE TO EITHER EMPLOYEE THUS TRANSFERRED BY EXCHANGE OF DUTIES TO A POSITION IN A GRADE WHEREIN THE AVERAGE WAS ALREADY EXCESSIVE OR WHICH WOULD BECOME EXCESSIVE BY REASON OF THE TRANSFER MUST BE THE MINIMUM SALARY RATE OF THE GRADE.