A-9342, MAY 20, 1925, 4 COMP. GEN. 959

A-9342: May 20, 1925

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CLASSIFICATION OF CIVILIAN EMPLOYEES - MIXED DUTIES EMPLOYEES WHOSE PARAMOUNT DUTIES ARE THOSE OF AUTOMOBILE MECHANICS OR MACHINISTS. ARE EMPLOYED IN A "RECOGNIZED TRADE OR CRAFT. " AND AS SUCH ARE EXCEPTED FROM THE PROVISIONS OF THE CLASSIFICATION ACT OF MARCH 4. THE STATUS WITH RESPECT TO THE CLASSIFICATION ACT OF EMPLOYEES WHOSE DUTIES ARE DIVIDED BETWEEN THOSE OF A CLASS SUBJECT TO THE CLASSIFICATION ACT AND THOSE IN A "RECOGNIZED TRADE OR CRAFT" IS DEPENDENT UPON THE PARAMOUNT DUTY OF THE POSITION HELD. WHICH QUESTION IS PRIMARILY FOR DETERMINATION OF THE PERSONNEL CLASSIFICATION BOARD ON THE REPORTS OF THE ADMINISTRATIVE OFFICE. 1925: I HAVE YOUR LETTER OF APRIL 21. REQUESTING DECISION WHETHER COMPENSATION OF EMPLOYEES OCCUPYING THE POSITIONS OF AUTOMOBILE MECHANIC OR MACHINIST AND SKILLED HELPER TO AUTOMOBILE MECHANIC IN THE BUREAU OF ENGRAVING AND PRINTING IS FOR DETERMINATION UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923.

A-9342, MAY 20, 1925, 4 COMP. GEN. 959

CLASSIFICATION OF CIVILIAN EMPLOYEES - MIXED DUTIES EMPLOYEES WHOSE PARAMOUNT DUTIES ARE THOSE OF AUTOMOBILE MECHANICS OR MACHINISTS, TOGETHER WITH THEIR SKILLED HELPERS, ARE EMPLOYED IN A "RECOGNIZED TRADE OR CRAFT," AND AS SUCH ARE EXCEPTED FROM THE PROVISIONS OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1489. THE STATUS WITH RESPECT TO THE CLASSIFICATION ACT OF EMPLOYEES WHOSE DUTIES ARE DIVIDED BETWEEN THOSE OF A CLASS SUBJECT TO THE CLASSIFICATION ACT AND THOSE IN A "RECOGNIZED TRADE OR CRAFT" IS DEPENDENT UPON THE PARAMOUNT DUTY OF THE POSITION HELD, WHICH QUESTION IS PRIMARILY FOR DETERMINATION OF THE PERSONNEL CLASSIFICATION BOARD ON THE REPORTS OF THE ADMINISTRATIVE OFFICE.

ACTING COMPTROLLER GENERAL GINN TO THE SECRETARY OF THE TREASURY, MAY 20, 1925:

I HAVE YOUR LETTER OF APRIL 21, 1925, REQUESTING DECISION WHETHER COMPENSATION OF EMPLOYEES OCCUPYING THE POSITIONS OF AUTOMOBILE MECHANIC OR MACHINIST AND SKILLED HELPER TO AUTOMOBILE MECHANIC IN THE BUREAU OF ENGRAVING AND PRINTING IS FOR DETERMINATION UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923.

SECTION 5 OF THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1489, PROVIDES IN PART AS FOLLOWS:

THAT THE COMPENSATION SCHEDULES * * * SHALL NOT APPLY TO EMPLOYEES IN POSITIONS THE DUTIES OF WHICH ARE TO PERFORM OR ASSIST IN APPRENTICE, HELPER, OR JOURNEYMAN WORK IN A RECOGNIZED TRADE OR CRAFT AND SKILLED AND SEMISKILLED LABORERS, EXCEPT SUCH AS ARE UNDER THE DIRECTION AND CONTROL OF THE CUSTODIAN OF A PUBLIC BUILDING OR PERFORM WORK WHICH IS SUBORDINATE, INCIDENTAL, OR PREPARATORY TO WORK OF A PROFESSIONAL, SCIENTIFIC, OR TECHNICAL CHARACTER * * *.

THE QUESTION HERE FOR DETERMINATION IS WHETHER THE DUTIES OF AN AUTOMOBILE MECHANIC OR MACHINIST AND HIS SKILLED HELPER CAN BE REGARDED AS EMBRACED WITHIN THE CLAUSE "APPRENTICE, HELPER, OR JOURNEYMAN WORK IN A RECOGNIZED TRADE OR CRAFT AND SKILLED AND SEMISKILLED LABORERS," AS USED IN THE ACT.

THE POSITIONS HAVE HERETOFORE BEEN ALLOCATED TO GRADES 5, 6, AND 7 OF THE CUSTODIAL SERVICE. YOU DESCRIBE THE DUTIES OF THOSE IN GRADES 6 AND 7 AS FOLLOWS:

TO REPAIR AND REBUILD MOTORS, TRANSMISSIONS, AND DIFFERENTIALS; TO FIT PARTS OF MOTORS, SUCH AS BEARINGS, BUSHINGS, STARTERS, GENERATORS AND OTHER EQUIPMENT. (THE BUREAU GARAGE IS REQUIRED TO KEEP TWO TYPES OF CARS IN REPAIR, GASOLINE AND ELECTRIC. OF THE GASOLINE TYPE THERE ARE ABOUT SIX DIFFERENT MAKES OF PASSENGER CARS AND TRUCKS.)

YOU DESCRIBE THE DUTIES OF THE ONE POSITION IN GRADE 5 AS FOLLOWS:

TO REMOVE MOTORS FROM CHASSIS, DISASSEMBLE MOTORS AND REPLACE REBUILT MOTORS ON CHASSIS, TO TIGHTEN FENDERS, ADJUST WHEELS, INSTALL FAN BELTS, CHANGE SPARK PLUGS, AND ASSIST MECHANICS.

IT IS UNDERSTOOD THAT THE DUTIES OF THESE POSITIONS DO NOT REQUIRE SERVICES AS CHAUFFEUR OR OTHER DUTIES "UNDER THE DIRECTION AND CONTROL OF THE CUSTODIAN OF A PUBLIC BUILDING.' AUTOMOBILE MECHANIC OR MACHINIST WOULD APPEAR TO BE IN A RECOGNIZED TRADE OR CRAFT. IT REQUIRES SPECIALIZED TRAINING, EXPERIENCE, AND SKILL TO OCCUPY SUCH A POSITION, AND IS CONSIDERED AS A MANUAL PURSUIT OR EMPLOYMENT AS DISTINGUISHED FROM A CLERICAL. ANY DUTIES DESCRIBED UNDER THE VARIOUS GRADES IN THE CUSTODIAL SERVICE IN THE CLASSIFICATION ACT, WHICH MIGHT BE CONSTRUED TO INCLUDE THOSE OF A TRADE OR CRAFT, HAVE REFERENCE TO THE POSITIONS MENTIONED IN SECTION 5 IN THE CLAUSE "EXCEPT SUCH AS ARE UNDER THE DIRECTION AND CONTROL OF THE CUSTODIAN OF A PUBLIC BUILDING" WHICH ARE SUBJECT TO CLASSIFICATION. FROM THE DESCRIPTIONS WHICH YOU NOW SUBMIT OF THE DUTIES OF THESE POSITIONS THEY DO NOT APPEAR PROPER FOR CLASSIFICATION UNDER GRADES 5, 6, AND 7 OF THE CUSTODIAL SERVICE. SEE THE OUTLINE OF DUTIES UNDER SAID GRADES IN THE CLASSIFICATION ACT OF MARCH 4, 1923, 42 STAT. 1497, AND THE SPECIFICATIONS FOR POSITIONS IN SAID GRADE AS PRESCRIBED BY THE PERSONNEL CLASSIFICATION BOARD.

IT MAY BE HELD GENERALLY THAT WHERE THE DUTIES OF A POSITION ARE EXCLUSIVELY THOSE OF AN AUTOMOBILE MECHANIC OR MACHINIST, OR HIS SKILLED HELPER, COMPENSATION OF EMPLOYEES OCCUPYING SUCH POSITIONS MAY BE PAID UNDER RULES AND REGULATIONS OF THE ADMINISTRATIVE OFFICE WITHOUT REGARD TO THE SCHEDULES FIXED IN THE CLASSIFICATION ACT.

WHERE THE DUTIES OF AN INDIVIDUAL POSITION ARE SUCH AS TO BE PARTLY EXCLUDED AND PARTLY INCLUDED UNDER CLASSIFICATION, THE PARAMOUNT DUTIES OF THE POSITION MUST CONTROL, AND THE FINDINGS OF THE PERSONNEL CLASSIFICATION BOARD BASED ON THE REPORTS OF THE ADMINISTRATIVE OFFICE MUST IN GENERAL BE ACCEPTED AS FINALLY DETERMINING THE MATTER.

WHILE IT WOULD APPEAR FROM YOUR STATEMENTS THAT THE POSITIONS SUBMITTED PROPERLY MIGHT BE CONSIDERED AS EXCLUDED FROM CLASSIFICATION, IT IS SUGGESTED THAT THE QUESTION BE SUBMITTED TO THE PERSONNEL CLASSIFICATION BOARD IN THE LIGHT OF THIS DECISION HOLDING GENERALLY THAT AUTOMOBILE MECHANICS AND MACHINISTS AND THEIR SKILLED HELPERS MAY BE REGARDED AS IN A RECOGNIZED TRADE OR CRAFT AND AS SUCH EXCLUDED FROM CLASSIFICATION.