A-6585, DECEMBER 18, 1924, 4 COMP. GEN. 544

A-6585: Dec 18, 1924

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1924: I HAVE YOUR LETTER OF NOVEMBER 29. AS FOLLOWS: YOUR DECISION IS RESPECTFULLY REQUESTED UPON THE FOLLOWING QUESTIONS ARISING IN CONNECTION WITH THE PROVISIONS OF THE CLASSIFICATION ACT. THE AVERAGE SALARY IN THE GRADE TO WHICH THE TRANSFER AND PROMOTION IS DESIRED NOT BEING EXCEEDED BY THE PROPOSED TRANSACTION? (2) CAN AN EMPLOYEE OCCUPYING A POSITION AT $3. IN BOTH QUESTIONS SUBMITTED BY YOU THERE ARE INVOLVED TWO ADMINISTRATIVE ACTIONS. AN EMPLOYEE TRANSFERRED WITHOUT PROMOTION BETWEEN BUREAUS IN THE SAME DEPARTMENT OR BETWEEN DEPARTMENTS MAY NOT BE PAID IN THE GRADE TO WHICH TRANSFERRED AT A HIGHER RATE OF COMPENSATION THAN HE WAS RECEIVING IN THE GRADE FROM WHICH TRANSFERRED. 3 COMP.

A-6585, DECEMBER 18, 1924, 4 COMP. GEN. 544

CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFER AND PROMOTION AN EMPLOYEE TRANSFERRED BETWEEN BUREAUS IN THE SAME DEPARTMENT OR BETWEEN DEPARTMENTS TO FILL A NEW OR VACANT POSITION MAY BE PROMOTED TO ANY RATE OF PAY IN THE GRADE TO WHICH TRANSFERRED WHICH DOES NOT CAUSE THE PROPER AVERAGE TO BE EXCEEDED, PROVIDED THE ADMINISTRATIVE OFFICE DETERMINES THAT THE EFFICIENCY OF THE TRANSFERRED EMPLOYEE IN COMPARISON WITH THE EFFICIENCY OF THOSE EMPLOYEES ALREADY IN THE GRADE JUSTIFIES SUCH PROMOTION.

COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF AGRICULTURE, DECEMBER 18, 1924:

I HAVE YOUR LETTER OF NOVEMBER 29, 1924, AS FOLLOWS:

YOUR DECISION IS RESPECTFULLY REQUESTED UPON THE FOLLOWING QUESTIONS ARISING IN CONNECTION WITH THE PROVISIONS OF THE CLASSIFICATION ACT, APPROVED MARCH 4, 1923.

(1) CAN AN EMPLOYEE OCCUPYING A POSITION AT $1,860 PER ANNUM, IN GRADE 6, OF THE SUBPROFESSIONAL SERVICE IN ONE OF THE BUREAUS OF THE DEPARTMENT, BE TRANSFERRED AND PROMOTED TO A NEW OR TO A VACANT POSITION AT $2,200 PER ANNUM IN THE SAME GRADE AND SERVICE IN ANOTHER BUREAU OF THE DEPARTMENT, THE AVERAGE SALARY IN THE GRADE TO WHICH THE TRANSFER AND PROMOTION IS DESIRED NOT BEING EXCEEDED BY THE PROPOSED TRANSACTION?

(2) CAN AN EMPLOYEE OCCUPYING A POSITION AT $3,000 PER ANNUM IN GRADE THREE OF THE PROFESSIONAL SERVICE IN ANOTHER DEPARTMENT BE TRANSFERRED AND PROMOTED TO A NEW OR TO A VACANT POSITION AT $3,000 PER ANNUM IN THE SAME GRADE AND SERVICE IN THIS DEPARTMENT, PROVIDED SUCH ACTION DOES NOT VIOLATE THE AVERAGE PROVISION?

THE RATE OF PAY OF AN EMPLOYEE TRANSFERRED FROM ONE BUREAU OR DEPARTMENT TO A NEW OR VACANT POSITION IN THE SAME GRADE IN ANOTHER BUREAU OR DEPARTMENT MAY BE FIXED ADMINISTRATIVELY AT ANY ONE OF THE RATES OF PAY IN THE GRADE PROVIDED BY THE CLASSIFICATION ACT OF 1923 WHICH DOES NOT CAUSE THE PROPER AVERAGE FOR THE GRADE TO BE EXCEEDED. 4 COMP. GEN. 126, 128, AND QUESTION AND ANSWER 1, DECISION OF NOVEMBER 29, 1924, 4 COMP. GEN. 493. IN BOTH QUESTIONS SUBMITTED BY YOU THERE ARE INVOLVED TWO ADMINISTRATIVE ACTIONS, TRANSFER AND PROMOTION. AN EMPLOYEE TRANSFERRED WITHOUT PROMOTION BETWEEN BUREAUS IN THE SAME DEPARTMENT OR BETWEEN DEPARTMENTS MAY NOT BE PAID IN THE GRADE TO WHICH TRANSFERRED AT A HIGHER RATE OF COMPENSATION THAN HE WAS RECEIVING IN THE GRADE FROM WHICH TRANSFERRED. 3 COMP. GEN. 1006, AND QUESTION AND ANSWER 7, DECISION OF NOVEMBER 29, 1924, 4 COMP. GEN. 493. BUT WHERE, AFTER SUCH TRANSFER, THE ADMINISTRATIVE OFFICE DETERMINES THAT THE EFFICIENCY OF THE TRANSFERRED EMPLOYEE IN COMPARISON WITH THE EFFICIENCY OF THOSE EMPLOYEES ALREADY IN THE GRADE TO WHICH TRANSFERRED JUSTIFIES SUCH ACTION, THE TRANSFERRED EMPLOYEE MAY BE PROMOTED TO ANY RATE OF PAY IN THE GRADE TO WHICH TRANSFERRED WHICH DOES NOT CAUSE THE PROPER AVERAGE TO BE EXCEEDED. COMP. GEN. 77, AND QUESTION AND ANSWER 4, DECISION OF NOVEMBER 29, 1924, 4 COMP. GEN. 493.