A-7955, MARCH 9, 1925, 4 COMP. GEN. 743

A-7955: Mar 9, 1925

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CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATIONS OF TEMPORARY POSITIONS THE PROPER ALLOCATIONS OF TEMPORARY POSITIONS UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 SHOULD BE FINALLY SETTLED AND DETERMINED BETWEEN THE ADMINISTRATIVE OFFICE AND THE PERSONNEL CLASSIFICATION BOARD BEFORE APPOINTMENTS ARE MADE THERETO. 1925: I HAVE YOUR LETTER OF FEBRUARY 7. PANGLE WAS APPOINTED FOR TEMPORARY SERVICE AS TYPIST IN THIS DEPARTMENT. THE DUTIES PERFORMED BY HER WERE IDENTICAL WITH THOSE PERFORMED BY ALL THE TYPISTS IN THE DIVISION TO WHICH SHE WAS ASSIGNED. INADVERTENTLY THE REPORT TO THE PERSONNEL CLASSIFICATION BOARD CONCERNING THE APPOINTMENT WAS DELAYED. A DESCRIPTION OF THE DUTIES PERFORMED BY MISS PANGLE WAS SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD WITH THE RECOMMENDATION THAT THE POSITION HELD BY HER BE ALLOCATED TO THE SAME CLASSIFICATION GRADE AS THE POSITIONS HELD BY THE OTHER TYPISTS IN THE DIVISION.

A-7955, MARCH 9, 1925, 4 COMP. GEN. 743

CLASSIFICATION OF CIVILIAN EMPLOYEES - ALLOCATIONS OF TEMPORARY POSITIONS THE PROPER ALLOCATIONS OF TEMPORARY POSITIONS UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923 SHOULD BE FINALLY SETTLED AND DETERMINED BETWEEN THE ADMINISTRATIVE OFFICE AND THE PERSONNEL CLASSIFICATION BOARD BEFORE APPOINTMENTS ARE MADE THERETO. A TEMPORARY EMPLOYEE UNDER THE DEPARTMENT OF JUSTICE WHO RECEIVED NO COMPENSATION DURING THE PERIOD OF HER EMPLOYMENT FOR THE REASON THAT THE PROPER ALLOCATION OF HER POSITION HAD NOT BEEN FINALLY SETTLED AND DETERMINED BETWEEN THE ADMINISTRATIVE OFFICE AND THE PERSONNEL CLASSIFICATION BOARD PRIOR TO THE TERMINATION OF HER EMPLOYMENT, MAY BE PAID FOR THE ENTIRE PERIOD OF HER EMPLOYMENT AT THE MINIMUM SALARY RATE OF THE GRADE TO WHICH THE PERSONNEL CLASSIFICATION BOARD FINALLY ALLOCATED THE POSITION HELD BY HER.

COMPTROLLER ATTORNEY GENERAL, MARCH 9, 1925:

I HAVE YOUR LETTER OF FEBRUARY 7, 1925, AS FOLLOWS:

UNDER DATE OF JULY 12, 1924, MISS BULEAH K. PANGLE WAS APPOINTED FOR TEMPORARY SERVICE AS TYPIST IN THIS DEPARTMENT. THE DUTIES PERFORMED BY HER WERE IDENTICAL WITH THOSE PERFORMED BY ALL THE TYPISTS IN THE DIVISION TO WHICH SHE WAS ASSIGNED. THESE POSITIONS HAD BEEN ALLOCATED BY THE DEPARTMENT TO GRADE 2 OF THE CLERICAL ADMINISTRATIVE AND FISCAL SERVICE OF THE "CLASSIFICATION ACT OF 1923," AND THESE ALLOCATIONS HAD BEEN APPROVED BY THE PERSONNEL CLASSIFICATION BOARD. INADVERTENTLY THE REPORT TO THE PERSONNEL CLASSIFICATION BOARD CONCERNING THE APPOINTMENT WAS DELAYED. SEPTEMBER 13, 1924, A DESCRIPTION OF THE DUTIES PERFORMED BY MISS PANGLE WAS SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD WITH THE RECOMMENDATION THAT THE POSITION HELD BY HER BE ALLOCATED TO THE SAME CLASSIFICATION GRADE AS THE POSITIONS HELD BY THE OTHER TYPISTS IN THE DIVISION. UNDER DATE OF SEPTEMBER 23, 1924, THE DEPARTMENT RECEIVED NOTICE FROM THE PERSONNEL CLASSIFICATION BOARD THAT THE POSITION HELD BY MISS PANGLE HAD BEEN ALLOCATED TO GRADE 1 OF THE CLERICAL, ADMINISTRATIVE AND FISCAL SERVICE. IN THE MEANTIME MISS PANGLE'S SERVICES HAD BEEN TERMINATED. THE DEPARTMENT PROMPTLY APPEALED FROM THE PERSONNEL CLASSIFICATION BOARD'S ALLOCATION, AND UNDER DATE OF FEBRUARY 5, 1925, RECEIVED NOTICE FROM THE BOARD THAT THE ALLOCATION OF MISS PANGLE'S POSITION HAD BEEN CHANGED FROM GRADE 1 OF THE CLERICAL, ADMINISTRATIVE AND FISCAL SERVICE TO GRADE 2 OF THAT SERVICE. MISS PANGLE HAS RECEIVED NO COMPENSATION FOR THE SERVICES RENDERED BY HER, AND IN VIEW OF YOUR DECISION DATED SEPTEMBER 8, 1924, 4 COMP. GEN. 280, IN WHICH IT WAS HELD THAT ALLOCATIONS "MAY BE GIVEN EFFECT TO ONLY FOR THE PAY PERIOD CURRENT UPON THE DATE OF RECEIPT BY THE ADMINISTRATIVE OFFICE, WHETHER IT BE AN ORIGINAL ALLOCATION OR AN ALLOCATION RESULTING FROM AN APPEAL," THE QUESTION IS PRESENTED WHETHER, IN VIEW OF THE CIRCUMSTANCES HEREIN CITED, THE DEPARTMENT IS AUTHORIZED TO PAY MISS PANGLE A SALARY AT THE RATE OF $1,320 PER ANNUM.

THE DECISION OF SEPTEMBER 8, 1924, 4 COMP. GEN. 280, TO WHICH YOU REFER, WAS INTENDED TO APPLY TO "REVISED OR CHANGED ALLOCATIONS" OF EMPLOYEES WHO HAD ALREADY BEEN RECEIVING COMPENSATION ON THE REGULAR PAY ROLLS OF THE DEPARTMENT UNDER AN ALLOCATED POSITION. THE RULE THERE LAID DOWN FIXED THE EFFECTIVE DATE OF ANY INCREASE OR DECREASE IN THE SALARY RATE OF AN EMPLOYEE RESULTING FROM AN ALLOCATION OR REALLOCATION. 4 COMP. GEN. 397.

IN THE PRESENT CASE IT IS NOT A MATTER OF INCREASING OR DECREASING THE SALARY RATE OF THE EMPLOYEE, BUT THE FINAL DETERMINATION OF WHAT WAS THE CORRECT GRADE IN WHICH THE TEMPORARY POSITION HELD BY THE EMPLOYEE SHOULD HAVE BEEN ALLOCATED AND THE INITIAL RATE OF COMPENSATION THEREUNDER FROM THE EFFECTIVE DATE OF EMPLOYEE'S APPOINTMENT.

THE PROPER PROCEDURE MUST BE THAT ALL ALLOCATIONS OF TEMPORARY POSITIONS SHOULD BE FINALLY SETTLED AND DETERMINED BETWEEN THE ADMINISTRATIVE OFFICE AND THE PERSONNEL CLASSIFICATION BOARD BEFORE APPOINTMENTS ARE MADE THERETO. 4 COMP. GEN. 239, 242.

AS THE SERVICES HAVE BEEN RENDERED AND THE EMPLOYEE HAS RECEIVED NO COMPENSATION THEREFOR, PAYMENT IS AUTHORIZED TO MISS PANGLE FOR THE ENTIRE PERIOD OF HER SERVICE AT THE SALARY RATE OF $1,320 PER ANNUM, THE MINIMUM OF GRADE C.A.F., 2, WHEREIN THE PERSONNEL CLASSIFICATION BOARD FINALLY ALLOCATED THE POSITION SHE HELD.