A-74844, JUNE 10, 1936, 15 COMP. GEN. 1074

A-74844: Jun 10, 1936

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PERSONAL SERVICES - LAW CLERKS FOR NATIONAL LABOR RELATIONS BOARD - EMPLOYMENT WITHOUT COMPENSATION THERE IS NO OBJECTION TO THE PROCUREMENT BY THE NATIONAL LABOR RELATIONS BOARD OF UNIVERSITY GRADUATES IN LAW FOR SERVICES AS LAW CLERKS FOR A PERIOD OF SIX MONTHS OR LESS. AS FOLLOWS: YOUR OPINION IS REQUESTED AS TO THE RIGHT OF THIS BOARD TO CONTRACT FOR PERSONAL SERVICES UNDER THE TERMS OF THE NATIONAL LABOR RELATIONS ACT. ADMISSION TO THE BAR IN THE STATE OF WISCONSIN IS GRANTED UPON GRADUATION IN THE LAW SCHOOL OF THE UNIVERSITY OF WISCONSIN PLUS SIX MONTHS' EXPERIENCE AS A LAW CLERK. THREE OF THE BEST QUALIFIED GRADUATES OF THE LAW SCHOOL DURING THE CURRENT TERM ARE OFFERING THEIR SERVICES TO THE BOARD WITHOUT COMPENSATION.

A-74844, JUNE 10, 1936, 15 COMP. GEN. 1074

PERSONAL SERVICES - LAW CLERKS FOR NATIONAL LABOR RELATIONS BOARD - EMPLOYMENT WITHOUT COMPENSATION THERE IS NO OBJECTION TO THE PROCUREMENT BY THE NATIONAL LABOR RELATIONS BOARD OF UNIVERSITY GRADUATES IN LAW FOR SERVICES AS LAW CLERKS FOR A PERIOD OF SIX MONTHS OR LESS, AT THE DISCRETION OF THE BOARD, ON A CONTRACT BASIS PROVIDING FOR NO COMPENSATION BUT FOR PAYMENT OF TRAVELING EXPENSES TO AND FROM WASHINGTON, D.C., IN AMOUNTS NOT IN EXCESS OF THOSE ALLOWABLE UNDER THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, NATIONAL LABOR RELATIONS BOARD, JUNE 10, 1936:

CONSIDERATION HAS BEEN GIVEN YOUR LETTER OF MAY 5, 1936, AS FOLLOWS:

YOUR OPINION IS REQUESTED AS TO THE RIGHT OF THIS BOARD TO CONTRACT FOR PERSONAL SERVICES UNDER THE TERMS OF THE NATIONAL LABOR RELATIONS ACT, 49 STAT. 449.

THE QUESTION ARISES WITH RESPECT TO THE FOLLOWING SITUATION. ADMISSION TO THE BAR IN THE STATE OF WISCONSIN IS GRANTED UPON GRADUATION IN THE LAW SCHOOL OF THE UNIVERSITY OF WISCONSIN PLUS SIX MONTHS' EXPERIENCE AS A LAW CLERK. THREE OF THE BEST QUALIFIED GRADUATES OF THE LAW SCHOOL DURING THE CURRENT TERM ARE OFFERING THEIR SERVICES TO THE BOARD WITHOUT COMPENSATION, PROVIDED THE BOARD WILL PAY THEIR EXPENSES TO AND FROM WASHINGTON, D.C. THE BOARD DESIRES TO ENTER INTO A CONTRACT WITH THE THREE LAW GRADUATES, PROVIDING THEY SHALL WORK FOR SIX MONTHS, OR SUCH PART THEREOF AS THE BOARD MAY REQUIRE, ON A VOLUNTARY AND UNCOMPENSATED BASIS FOR THE BOARD IN RETURN FOR PAYMENT OF THEIR TRAVEL EXPENSES FROM WISCONSIN TO WASHINGTON AND FROM WASHINGTON BACK TO WISCONSIN AT THE END OF SIX MONTHS IN A SUM NOT TO EXCEED THE AMOUNT ALLOWABLE UNDER THE STANDARD GOVERNMENT TRAVEL REGULATIONS.

IN THIS CONNECTION YOUR ATTENTION IS DIRECTED TO SECTION 4, PARAGRAPH A OF THE ACT, WHICH PROVIDES THAT "THE BOARD MAY * * * UTILIZE SUCH VOLUNTARY AND UNCOMPENSATED SERVICES AS MAY FROM TIME TO TIME BE NEEDED.' THE BOARD IS AT PRESENT UNDERFINANCED AND STANDS IN SERIOUS NEED OF ADDITIONAL LEGAL LAW CLERKS TO ASSIGN TO ITS ADMINISTRATIVE WORK.

SINCE THE NECESSITY OF MAKING THESE ARRANGEMENTS, IF THEY ARE LEGAL, IS PRESSING, AN EARLY REPLY TO THIS QUESTION IS REQUESTED.

SECTION 4 (A) AND (C) OF THE ACT OF JULY 5, 1935, 49 STAT. 451, 452, PROVIDES:

(A) EACH MEMBER OF THE BOARD SHALL RECEIVE A SALARY OF $10,000 A YEAR, SHALL BE ELIGIBLE FOR REAPPOINTMENT, AND SHALL NOT ENGAGE IN ANY OTHER BUSINESS, VOCATION, OR EMPLOYMENT. THE BOARD SHALL APPOINT, WITHOUT REGARD FOR THE PROVISIONS OF THE CIVIL-SERVICE LAWS BUT SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, AN EXECUTIVE SECRETARY, AND SUCH ATTORNEYS, EXAMINERS, AND REGIONAL DIRECTORS, AND SHALL APPOINT SUCH OTHER EMPLOYEES WITH REGARD TO EXISTING LAWS APPLICABLE TO THE EMPLOYMENT AND COMPENSATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES, AS IT MAY FROM TIME TO TIME FIND NECESSARY FOR THE PROPER PERFORMANCE OF ITS DUTIES AND AS MAY BE FROM TIME TO TIME APPROPRIATED FOR BY CONGRESS. THE BOARD MAY ESTABLISH OR UTILIZE SUCH REGIONAL, LOCAL, OR OTHER AGENCIES, AND UTILIZE SUCH VOLUNTARY AND UNCOMPENSATED SERVICES AS MAY FROM TIME TO TIME BE NEEDED. ATTORNEYS APPOINTED UNDER THIS SECTION MAY, AT THE DIRECTION OF THE BOARD, APPEAR FOR AND REPRESENT THE BOARD IN ANY CASE IN COURT. NOTHING IN THIS ACT SHALL BE CONSTRUED TO AUTHORIZE THE BOARD TO APPOINT INDIVIDUALS FOR THE PURPOSE OF CONCILIATION OR MEDIATION (OR FOR STATISTICAL WORK), WHERE SUCH SERVICE MAY BE OBTAINED FROM THE DEPARTMENT OF LABOR.

(C) ALL OF THE EXPENSES OF THE BOARD, INCLUDING ALL NECESSARY TRAVELING AND SUBSISTENCE EXPENSES OUTSIDE THE DISTRICT OF COLUMBIA INCURRED BY THE MEMBERS OF EMPLOYEES OF THE BOARD UNDER ITS ORDERS, SHALL BE ALLOWED AND PAID ON THE PRESENTATION OF ITEMIZED VOUCHERS THEREFOR APPROVED BY THE BOARD OR BY ANY INDIVIDUAL IT DESIGNATES FOR THAT PURPOSE.

THE CIRCUMSTANCES STATED BY YOU ARE SUCH THAT THIS OFFICE IS NOT REQUIRED TO OBJECT TO THE PROCUREMENT OF THE SERVICES OF LAW CLERKS IN THE MANNER INDICATED IN YOUR SUBMISSION, IT BEING UNDERSTOOD THEY ARE NOT TO BE REIMBURSED FOR ANY SUBSISTENCE EXPENSES WHILE AT WASHINGTON, D.C., BUT ONLY FOR EXPENSES TO AND FROM WASHINGTON, D.C. ..END :