A-59391, JANUARY 16, 1935, 14 COMP. GEN. 552

A-59391: Jan 16, 1935

Additional Materials:

Contact:

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

 

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

ARE NOT APPLICABLE TO ANY OF THE EMPLOYEES OF THE AIR CORPS OF THE ARMY. AS FOLLOWS: REFERENCE IS MADE TO THE PROVISIONS OF SECTION 23. FIELD EMPLOYEES OF THE AIR CORPS ARE PAID FROM LUMP-SUM APPROPRIATIONS AND. ARE PAID ON AN ANNUAL BASIS. THE COMPENSATION OF THE MAJORITY OF SUCH EMPLOYEES IS ADMINISTRATIVELY FIXED IN ACCORDANCE WITH THE TERMS OF THE CLASSIFICATION ACT AS EXTENDED TO THE FIELD SERVICES BY SECTION 2 OF THE ACT OF JULY 3. IT IS THE UNDERSTANDING OF THE DEPARTMENT THAT SUCH EMPLOYEES DO NOT COME WITHIN THE TERMS OR SECTION 23 OF THE ACT OF MARCH 28. THERE ARE. OTHER EMPLOYEES WHOSE COMPENSATION IS NOT FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT AS AMENDED BY THE ACT OF JULY 3.

A-59391, JANUARY 16, 1935, 14 COMP. GEN. 552

COMPENSATION - 40-HOUR WEEK - AIR CORPS, UNITED STATES ARMY THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, ESTABLISHING THE 40-HOUR WEEK, ARE NOT APPLICABLE TO ANY OF THE EMPLOYEES OF THE AIR CORPS OF THE ARMY.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF WAR, JANUARY 16, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF DECEMBER 19, 1934, AS FOLLOWS:

REFERENCE IS MADE TO THE PROVISIONS OF SECTION 23, INDEPENDENT OFFICES APPROPRIATION ACT, 1935, PASSED MARCH 28, 1934 (48 STAT. 522).

FIELD EMPLOYEES OF THE AIR CORPS ARE PAID FROM LUMP-SUM APPROPRIATIONS AND, WITH FEW EXCEPTIONS, ARE PAID ON AN ANNUAL BASIS. THE COMPENSATION OF THE MAJORITY OF SUCH EMPLOYEES IS ADMINISTRATIVELY FIXED IN ACCORDANCE WITH THE TERMS OF THE CLASSIFICATION ACT AS EXTENDED TO THE FIELD SERVICES BY SECTION 2 OF THE ACT OF JULY 3, 1930 (46 STAT. 1005), AND IT IS THE UNDERSTANDING OF THE DEPARTMENT THAT SUCH EMPLOYEES DO NOT COME WITHIN THE TERMS OR SECTION 23 OF THE ACT OF MARCH 28, 1934, REFERRED TO ABOVE (13 COMP. GEN. 279).

THERE ARE, HOWEVER, OTHER EMPLOYEES WHOSE COMPENSATION IS NOT FIXED IN ACCORDANCE WITH THE CLASSIFICATION ACT AS AMENDED BY THE ACT OF JULY 3, 1930. THE COMPENSATION OF THIS LATTER CLASS OF EMPLOYEES IS ARBITRARILY FIXED BY THE SECRETARY OF WAR OR BY AUTHORITY DELEGATED BY HIM AND IN SOME INSTANCES IS DETERMINED BY AND IS IN ACCORDANCE WITH THE RATE OF PAY COMMONLY PAID BY COMMERCIAL ACTIVITIES IN THE LOCALITY IN WHICH THE EMPLOYMENT IS MADE. IN OTHER CASES THE COMPENSATION IS AT THE MINIMUM RATE WHICH WILL ENABLE THE AIR CORPS TO OBTAIN THE SERVICES OF PERSONS WITH THE REQUIRED DEGREE OF EXPERIENCE AND EFFICIENCY. THIS CLASS OF EMPLOYEES MAY BE DIVIDED INTO GENERAL GROUPS AS FOLLOWS:

1. SKILLED TRADES, SUCH AS AIRCRAFT MECHANICS, AUTOMOBILE MECHANICS, ENGINE MECHANICS, INSTRUMENT MECHANICS, BLACKSMITH, CARPENTER, ELECTRICIAN, ELECTRO-PLATER, FABRIC SEAMSTRESS, FABRIC WORKERS, MACHINIST, MACHINE REPAIRMEN, MILLWRIGHT, PACKER, PAINTER, SHEET-METAL WORKER, STEAM FITTERS AND PIPE FITTERS, WELDERS, WIREWORKERS.

2. INSPECTORS AND SUPERINTENDENTS, SUCH AS AIRCRAFT INSPECTOR, AIRCRAFT- SUPPLIES INSPECTOR, ENGINE INSPECTORS, METAL-PARTS INSPECTOR, SHOP SUPERINTENDENT.

3. CHAUFFEUR.

4. GUARD, FIRE FIGHTER.

5. MISCELLANEOUS, SUCH AS MATERIAL ESTIMATOR, OIL RECLAIMER, STOCK TRACER, GARDENER, JANITOR, MESSENGER.

6. LABORER.

7. THE GENERAL DUTIES OF INSPECTORS AND SUPERINTENDENTS ARE AS FOLLOWS:

AIRCRAFT INSPECTOR.--- INSPECTION OF AIRCRAFT WHICH HAVE BEEN REPAIRED OR OVERHAULED OR OF PROCESSED AND FINISHED AIRCRAFT PARTS, ASSEMBLIES, SUBASSEMBLIES, ACCESSORIES, AND EQUIPMENT.

AIRCRAFT SUPPLIES INSPECTOR.--- THE PERFORMANCE OF NONPROFESSIONAL INSPECTION WORK IN CONNECTION WITH THE RECEIPT, PURCHASE, INSTALLATION, OR ISSUE, OF NON-ENGINEERING AIRCRAFT AND AIRCRAFT ENGINE PARTS, FITTINGS, ACCESSORIES, SUPPLIES, OR EQUIPMENT, SUCH INSPECTION BEING MADE CHIEFLY TO INSURE COMPLIANCE WITH PLANS, SAMPLES, SPECIFICATIONS, AND CONTRACT REQUIREMENTS.

ENGINE INSPECTOR.--- INSPECTION OF AIRCRAFT ENGINES WHICH HAVE BEEN REPAIRED OR OVERHAULED, OR OF PROCESSED AND FINISHED AIRCRAFT ENGINE PARTS, ASSEMBLIES, SUBASSEMBLIES, ACCESSORIES, AND EQUIPMENT.

AIRCRAFT METAL PARTS INSPECTOR.--- INSPECTION OF MATERIALS, INCLUDING FERROUS AND NONFERROUS METALS, USED IN THE FABRICATION AND MAINTENANCE OF AIRCRAFT, OR OF PROCESSED AND FINISHED AIRCRAFT AND AIRCRAFT ENGINE PARTS, ASSEMBLIES, SUB-ASSEMBLIES, ACCESSORIES, AND EQUIPMENT.

AIRCRAFT SHOP SUPERINTENDENT.--- TO HAVE RESPONSIBLE CHARGE OF, AND TO SUPERVISE AND DIRECT THE ACTIVITIES OF A GROUP OF MECHANICS, HELPERS, AND OTHERS ENGAGED IN MECHANICAL AND OTHER TASKS COVERING ANY TWO OR MORE SKILLED TRADES INVOLVED IN THE MAINTENANCE, OVERHAUL, REPAIR, FABRICATION, OR SALVAGE OF AIRCRAFT OR AIRCRAFT ENGINES, PARTS, ACCESSORIES, OR EQUIPMENT.

8. THE GENERAL DUTIES OF EMPLOYEES REFERRED TO IN SUBPARAGRAPH 5, ABOVE, ARE AS FOLLOWS:

MATERIAL ESTIMATOR.--- TO ESTIMATE THE AMOUNT AND PARTICULAR TYPES OF MATERIAL REQUIRED TO ACCOMPLISH SPECIFIC JOBS, PROJECTS, OR WORK ORDERS, AND TO LIST THE MATERIALS AND PARTS REQUIRED TO COMPLETE SAME.

OIL RECLAIMER OPERATOR.--- THE RECLAMATION AND TESTING, AND OCCASIONALLY, THE STORAGE AND ISSUING OF RECLAIMED OILS AND BY THE USE OF FLASH AND OTHER TESTS TO DETERMINE THE VARIOUS GRADES OF GASOLINE FURNISHED FOR AIRCRAFT USE.

STOCK TRACER.--- THE DISTRIBUTION FOR OVERHAUL, REPAIR, ASSEMBLY INSTALLATION, TO THE PROPER MECHANICAL BRANCHES AND UNITS OF AN AIRCRAFT SHOP, DISMANTLED, ASSEMBLED, OR REPAIRED AIRCRAFT AND AIRCRAFT ENGINE PARTS, FITTINGS, ACCESSORIES, OR EQUIPMENT.

GARDENER.--- THE PERFORMANCE OF GENERAL GARDENING AND LANDSCAPING WORK ON THE GROUNDS OF AN AIR DEPOT OR SIMILAR RESERVATION; AND THE PERFORMANCE OF RELATED WORK.

9. THE GENERAL DUTIES OF OTHER EMPLOYEES NAMED ARE INDICATED BY THEIR RESPECTIVE DESIGNATIONS.

THERE ARE NO WAGE BOARDS WHICH SPECIFICALLY REGULATE OR DETERMINE THE COMPENSATION PAID ANY EMPLOYEES OF THE FIELD FORCE OF THE AIR CORPS.

IT IS UNDERSTOOD THAT YOUR DECISIONS OF AUGUST 25, 1934 (14 COMP. GEN. 156) AND SEPTEMBER 10, 1934 (A-56659), LIMIT THE APPLICATION OF THE DECISION OF JUNE 30, 1934 (13 COMP. GEN. 486), TO EMPLOYEES OF THE ENGINEER DEPARTMENT AT LARGE, AND THAT THE RULE THEREIN STATED IS NOT TO BE EXTENDED TO OTHER EMPLOYEES. IN CONSEQUENCE OF THESE DECISIONS IT IS CONCLUDED THAT, AS TO EMPLOYEES OTHER THAN THOSE SPECIFICALLY COVERED BY THE DECISION OF JUNE 30, 1934, AN ADMINISTRATIVE PROCEDURE IN FIXING RATES OF COMPENSATION WHICH TAKES INTO CONSIDERATION THE LOCALLY PREVAILING WAGE RATE FOR SIMILAR CLASSES IN COMMERCIAL INDUSTRY IS A PROCEDURE SIMILAR TO THAT FOLLOWED BY WAGE BOARDS, AND THAT SECTION 23 APPLIES TO SUCH EMPLOYEES.

YOUR DECISION IS THEREFORE REQUESTED AS TO WHETHER THE PROVISIONS OF SECTION 23, ACT OF MARCH 28, 1934, APPLY TO THE EMPLOYEES ENUMERATED ABOVE.

IN DECISION OF SEPTEMBER 12, 1934, 14 COMP. GEN. 215, 217, IT WAS STATED:

SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522, ESTABLISHING THE 40-HOUR WEEK IS APPLICABLE ONLY TO EMPLOYEES OF THE FEDERAL GOVERNMENT OF THE CLASSES THEREIN MENTIONED WHOSE HOURS OF LABOR AND RATES OF COMPENSATION PREVIOUSLY HAD BEEN CONTROLLED BY STATUTE AND/OR REGULATIONS ISSUED PURSUANT TO STATUTE AND HANG THE FORCE AND EFFECT OF LAW AUTHORIZING OR REQUIRING THE FIXING OF RATES OF COMPENSATION BY WAGE BOARDS OR PURSUANT TO A PROCEDURE SIMILAR TO THAT USED BY WAGE BOARDS.

IT DOES NOT APPEAR THAT THERE WAS IN FORCE PRIOR TO MARCH 28, 1934, ANY LAW, EXECUTIVE ORDER, OR ADMINISTRATIVE REGULATION REQUIRING THE FIXING OF THE RATES OF COMPENSATION AND HOURS OF LABOR OF THE EMPLOYEES OF THE UNITED STATES SHIPPING BOARD MERCHANT FLEET CORPORATION UNDER A PROCEDURE SIMILAR TO THAT USED BY WAGE BOARDS. HENCE, THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, ARE NOT APPLICABLE TO SAID EMPLOYEES AND THERE IS NO AUTHORITY OF LAW FOR THE ADJUSTMENT OF THE WAGES OF THE EMPLOYEES OF THE CORPORATION RETROACTIVELY AS OF MARCH 28, 1934, AS PROPOSED. * * *

IT DOES NOT APPEAR THAT THERE WAS IN FORCE PRIOR TO MARCH 28, 1934, ANY LAW, EXECUTIVE ORDER, OR ADMINISTRATIVE REGULATION REQUIRING THE FIXING OF THE RATES OF COMPENSATION AND HOURS OF LABOR OF FIELD EMPLOYEES OF THE AIR CORPS UNDER A PROCEDURE SIMILAR TO THAT USED BY WAGE BOARDS. THE ADMINISTRATIVE PRACTICE MENTIONED IN YOUR LETTER THAT THE COMPENSATION "IN SOME INSTANCES IS DETERMINED BY AND IS IN ACCORDANCE WITH THE RATES OF PAY COMMONLY PAID BY COMMERCIAL ACTIVITIES IN THE LOCALITY IN WHICH THE EMPLOYMENT IS MADE" DOES NOT NECESSARILY BRING ANY OF THE FIELD EMPLOYEES OF THE AIR CORPS WITHIN THE 40-HOUR WEEK STATUTORY PROVISION. DECISION OF DECEMBER 31, 1934, A 59309, 14 COMP. GEN. 496.

YOU ARE ADVISED, THEREFORE, THAT ON THE BASIS OF THE FACTS PRESENTED, THE PROVISIONS OF SECTION 23 OF THE ACT OF MARCH 28, 1934, ESTABLISHING THE 40 -HOUR WEEK, ARE NOT APPLICABLE TO ANY OF THE EMPLOYEES LISTED IN YOUR LETTER IN THE AIR CORPS OF THE ARMY.