A-61264, MAY 22, 1935, 14 COMP. GEN. 843

A-61264: May 22, 1935

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CLASSIFICATION OF FIELD POSITIONS IN EMERGENCY AGENCIES WHILE THE SAME OR SIMILAR CLASS OF POSITIONS IN THE DISTRICT OF COLUMBIA AND IN THE FIELD UNDER AN EMERGENCY AGENCY IS REQUIRED BY EXECUTIVE ORDER NO. 6746. THE SALARY RATES FIXED IN THE EXECUTIVE ORDER ARE MAXIMUM ONLY AND THOSE FIXED FOR FIELD POSITIONS MAY BE EITHER MORE OR LESS THAN THOSE FIXED FOR THE SAME OR SIMILAR CLASS OF POSITIONS IN THE DISTRICT OF COLUMBIA. THAT THE MAXIMUM RATE PRESCRIBED BY THE EXECUTIVE ORDER IS NOT EXCEEDED. THIS OFFICE REQUESTS A RULING FROM YOU AS TO WHETHER OR NOT IT IS OBLIGED. TO PAY THE SAME SALARY FOR A POSITION IN THE FIELD AS IS PAID FOR A SIMILAR ONE IN WASHINGTON. THAT NO SUCH DISTINCTION WAS INTENDED IS SHOWN FROM THE PARAGRAPH OF THE EXECUTIVE ORDER IMMEDIATELY FOLLOWING THE SALARY SCHEDULE AUTHORIZING POSITIONS OF EMPLOYEES IN THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS WHO ARE PAID FROM EMERGENCY FUNDS TO BE CLASSIFIED PURSUANT TO THE CLASSIFICATION ACT OF 1923.

A-61264, MAY 22, 1935, 14 COMP. GEN. 843

CLASSIFICATION OF FIELD POSITIONS IN EMERGENCY AGENCIES WHILE THE SAME OR SIMILAR CLASS OF POSITIONS IN THE DISTRICT OF COLUMBIA AND IN THE FIELD UNDER AN EMERGENCY AGENCY IS REQUIRED BY EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, TO BE CLASSIFIED IN THE SAME EXECUTIVE ORDER GRADE, THE SALARY RATES FIXED IN THE EXECUTIVE ORDER ARE MAXIMUM ONLY AND THOSE FIXED FOR FIELD POSITIONS MAY BE EITHER MORE OR LESS THAN THOSE FIXED FOR THE SAME OR SIMILAR CLASS OF POSITIONS IN THE DISTRICT OF COLUMBIA, PROVIDED, IN EITHER CASE, THAT THE MAXIMUM RATE PRESCRIBED BY THE EXECUTIVE ORDER IS NOT EXCEEDED.

COMPTROLLER GENERAL MCCARL TO THE NATIONAL RECOVERY ADMINISTRATION, MAY 22, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF APRIL 5, 1935, AS FOLLOWS:

A QUESTION AS TO PROCEDURE UNDER EXECUTIVE ORDER NO. 6746 OF JUNE 21, 1934, HAS ARISEN WITH REGARD TO SALARIES OF FIELD EMPLOYEES. THE ORDER SETS A SERIES OF GRADES FROM 1 TO 19 WITH CORRESPONDING SALARIES, BUT MAKES NO SPECIFIC MENTION OF FIELD SALARIES.

THIS OFFICE REQUESTS A RULING FROM YOU AS TO WHETHER OR NOT IT IS OBLIGED, UNDER THIS ORDER, TO PAY THE SAME SALARY FOR A POSITION IN THE FIELD AS IS PAID FOR A SIMILAR ONE IN WASHINGTON.

EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, ENTITLED "RATES OF COMPENSATION OF GOVERNMENT EMPLOYEES IN EMERGENCY AGENCIES, ETC., NOT SUBJECT TO THE CLASSIFICATION ACT AS AMENDED," MAKES NO DISTINCTION BETWEEN POSITIONS IN THE DISTRICT OF COLUMBIA AND IN THE FIELD SERVICE. THAT NO SUCH DISTINCTION WAS INTENDED IS SHOWN FROM THE PARAGRAPH OF THE EXECUTIVE ORDER IMMEDIATELY FOLLOWING THE SALARY SCHEDULE AUTHORIZING POSITIONS OF EMPLOYEES IN THE EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS WHO ARE PAID FROM EMERGENCY FUNDS TO BE CLASSIFIED PURSUANT TO THE CLASSIFICATION ACT OF 1923. SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, MADE IT MANDATORY ON THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST COMPENSATION OF FIELD POSITIONS TO CORRESPOND TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA.

HOWEVER, AS THE PROCEDURE IN FIXING SALARY RATES OF EMERGENCY POSITIONS IN THE NATIONAL RECOVERY ADMINISTRATION IS NOT UNDER THE CLASSIFICATION ACT BUT ENTIRELY PURSUANT TO THE SCHEDULE PRESCRIBED BY THE EXECUTIVE ORDER, THE REQUIREMENT FOR SIMILARITY BETWEEN THE SERVICE IN THE DISTRICT OF COLUMBIA AND THE FIELD SERVICE IS A MATTER OF CLASSIFICATION OF POSITIONS ONLY. THE SALARY RATES PRESCRIBED IN THE EXECUTIVE ORDER ARE MAXIMUM ONLY, THE DIRECTION AND AUTHORIZATION IN THE FIRST PARAGRAPH OF THE ORDER BEING TO "CLASSIFY THE POSITIONS OF THE EMPLOYEES * * * IN ACCORDANCE WITH THE FOLLOWING SALARY SCHEDULE AND ADJUST AND FIX THE RATES OF COMPENSATION THEREFOR AT AMOUNTS NOT IN EXCESS OF THOSE PRESCRIBED THEREIN FOR THE CORRESPONDING GRADES," 14 COMP. GEN. 523. IN OTHER WORDS, WHILE THE SAME OR SIMILAR CLASS OF POSITIONS IN THE DISTRICT OF COLUMBIA AND IN THE FIELD IS REQUIRED TO BE CLASSIFIED IN THE SAME EXECUTIVE ORDER GRADE, THE SALARY RATES FIXED FOR FIELD POSITIONS MAY BE EITHER MORE OR LESS THAN THE RATES FIXED FOR THE SAME OR SIMILAR CLASS OF POSITIONS IN THE DISTRICT OF COLUMBIA, PROVIDED, IN EITHER CASE, THAT THE MAXIMUM RATE PRESCRIBED BY THE EXECUTIVE ORDER IS NOT EXCEEDED.