B-100756, JANUARY 23, 1951, 30 COMP. GEN. 319

B-100756, JANUARY 23, 1951, 30 COMP. GEN. 319

COMPENSATION - INITIAL SALARY RATE - POSITION REALLOCATIONS EMPLOYEES WHOSE POSITIONS WERE ADMINISTRATIVELY REALLOCATED TO HIGHER GRADES BUT UPON REVIEW BY THE CIVIL SERVICE COMMISSION WERE ALLOCATED TO LOWER GRADES ALTHOUGH ABOVE THOSE HELD PRIOR TO REALLOCATION ARE TO BE CONSIDERED AS HAVING RECEIVED PROMOTIONS TO THE GRADES IN WHICH THEIR POSITIONS FINALLY WERE PLACED, AND, THEREFORE, AS THE MINIMUM RATES OF COMPENSATION OF THE POSITIONS AS FINALLY ALLOCATED EXCEED THE EMPLOYEES' FORMER SALARIES BY MORE THAN ONE STEP, THEIR BASIC RATES OF COMPENSATION ARE REQUIRED BY SECTION 8102 (B) OF THE CLASSIFICATION ACT OF 1949 TO BE FIXED AT THE MINIMUM RATES OF THE RESPECTIVE GRADES OF SUCH POSITIONS.

COMPTROLLER GENERAL WARREN TO THE PRESIDENT, BOARD OF COMMISSIONERS OF THE DISTRICT OF COLUMBIA, JANUARY 23, 1951:

REFERENCE IS MADE TO YOUR LETTER OF JANUARY 15, 1951, REQUESTING DECISION WHETHER YOU MAY PLACE THE EMPLOYEE OCCUPYING FOUR OF THE FIVE POSITIONS THEREIN NAMED, INFRA, AT THE TOP SALARY RATE OF THE RESPECTIVE GRADES TO WHICH THEY HAVE BEEN FINALLY ALLOCATED DOWNWARD BY THE CIVIL SERVICE COMMISSION. IT APPEARS THAT THE FIVE POSITIONS WERE REALLOCATED ADMINISTRATIVELY OCTOBER 15, 1950, BUT UPON POST AUDIT THE CIVIL SERVICE COMMISSION FOUND FOUR OF THEM ALLOCABLE TO GRADES LOWER THAN THOSE TO WHICH ADMINISTRATIVELY ALLOCATED. THE TITLE OF THE AFFECTED POSITIONS AND THE RESPECTIVE CHANGES IN GRADE ARE STATED IN YOUR LETTER AS FOLLOWS:

TITLE OF POSITION PREVIOUS ALLOCATION SALARY RATE

SEC-Y BD. OF COMMISSIONERS -- GS-301-13-13 --- $8,600

SPEC. ASST. TO PRESIDENT BD. OF COMMISSIONERS ----------- GS-301-12 36 -- - 7,200

SPEC. ASST. TO ENG. COMMISSIONER -------------------- GS-301-9-101 -- 4,850

DIRECTOR OF WEIGHTS, MEASURES, AND MARKETS ---------- GS-301-12-497 -- 7,000

SUPERINTENDENT OF LICENSES --- GS-301-12-1786 - 6,600

PRESENT ALLOCATION SALARY RATE PROPOSED ACTION BY

C.S.C.

GS-301-15 ------------- $10,000 ------------------ GS-301-14.

GS-301-14 ------------- 8,800 ------------------ NO CHANGE

GS-301-12 ------------- 6,400 ------------------ GS-301-.1.

GS-301-14 ------------- 8,800 ------------------ GS-301-13.

GS-301-14 ------------- 8,800 ------------------ GS-301.13.

THE ADMINISTRATIVE ACTION IN REALLOCATING THESE POSITIONS, AND THE POST AUDIT BY THE CIVIL SERVICE COMMISSION, WERE PURSUANT TO SECTIONS 502 AND 503 OF THE CLASSIFICATION ACT OF 1949, PUBLIC LAW 429, 63 STAT. 958, 959, WHICH SECTIONS PROVIDE AS FOLLOWS:

SEC. 502. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, EACH DEPARTMENT SHALL PLACE EACH POSITION UNDER ITS JURISDICTION AND TO WHICH THIS ACT APPLIES IN ITS APPROPRIATE CLASS AND GRADE IN CONFORMANCE WITH STANDARDS PUBLISHED BY THE COMMISSION, OR, IF NO PUBLISHED STANDARDS DIRECTLY APPLY, CONSISTENTLY WITH PUBLISHED STANDARDS. A DEPARTMENT MAY, WHENEVER THE FACTS WARRANT, CHANGE ANY POSITION WHICH IT HAS PLACED IN A CLASS OR GRADE UNDER THIS SUBSECTION FROM SUCH CLASS OR GRADE TO ANOTHER CLASS OR GRADE. SUCH ACTIONS OF THE DEPARTMENTS SHALL BE THE BASIS FOR THE PAYMENT OF COMPENSATION AND FOR PERSONNEL TRANSACTIONS UNTIL CHANGED BY CERTIFICATE OF THE COMMISSION.

(B) THE COMMISSION SHALL, FROM TIME TO TIME, REVIEW SUCH NUMBER OF POSITIONS IN EACH DEPARTMENT AS WILL ENABLE THE COMMISSION TO DETERMINE WHETHER SUCH DEPARTMENT IS PLACING POSITIONS IN CLASSES AND GRADES IN CONFORMANCE WITH OR CONSISTENTLY WITH PUBLISHED STANDARDS.

SEC. 503. WHENEVER THE COMMISSION FINDS UNDER SECTION 502 (B) THAT A POSITION TO WHICH THIS ACT APPLIES IS NOT PLACED IN ITS PROPER CLASS AND GRADE IN CONFORMANCE WITH PUBLISHED STANDARDS OR THAT POSITIONS FOR WHICH NO STANDARDS HAVE BEEN PUBLISHED ARE NOT PLACED IN CLASSES AND GRADES CONSISTENTLY WITH PUBLISHED STANDARDS, IT SHALL, AFTER CONSULTATION WITH APPROPRIATE OFFICERS OR EMPLOYEES OF THE DEPARTMENT CONCERNED, PLACE EACH SUCH POSITION IN ITS APPROPRIATE CLASS AND GRADE AND SHALL CERTIFY SUCH ACTION TO THE DEPARTMENT. THE DEPARTMENT SHALL TAKE ACTION IN ACCORDANCE WITH SUCH CERTIFICATE, AND SUCH CERTIFICATE SHALL BE BINDING ON ALL ADMINISTRATIVE, CERTIFYING PAY ROLL, DISBURSING, AND ACCOUNTING OFFICERS OF THE GOVERNMENT.

SECTION 802, (A) AND (B) OF THE ABOVE ACT, 63 STAT. 969, PROVIDES:

SEC. 802. (A) THE RATE OF BASIC COMPENSATION TO BE RECEIVED BY ANY OFFICER OR EMPLOYEE TO WHOM THIS ACT APPLIES SHALL BE GOVERNED BY REGULATIONS ISSUED BY THE COMMISSION IN CONFORMITY WITH THIS ACT WHEN- -

(1) HE IS TRANSFERRED FROM A POSITION TO WHICH THIS ACT DOES NOT APPLY;

(2) HE IS TRANSFERRED FROM ANY POSITION TO WHICH THIS ACT APPLIES TO ANOTHER SUCH POSITION:

(3) HE IS DEMOTED TO A POSITION IN A LOWER GRADE;

(4) HE IS REINSTATED, REAPPOINTED, OR REEMPLOYED;

(5) HIS TYPE OF APPOINTMENT IS CHANGED;

(6) HIS EMPLOYMENT STATUS IS OTHERWISE CHANGED; OR

(7) HIS POSITION IS CHANGED FROM ONE GRADE TO ANOTHER GRADE.

(B) ANY OFFICER OR EMPLOYEE WHO IS PROMOTED OR TRANSFERRED TO A POSITION IN A HIGHER GRADE SHALL RECEIVE BASIC COMPENSATION AT THE LOWEST RATE OF SUCH HIGHER GRADE WHICH EXCEEDS HIS EXISTING RATE OF BASIC COMPENSATION BY NOT LESS THAN ONE STEP-INCREASE OF THE GRADE FROM WHICH HE IS PROMOTED OR TRANSFERRED. IF, IN THE CASE OF ANY OFFICER OR EMPLOYEE SO PROMOTED OR TRANSFERRED WHO IS RECEIVING (1) ONE OR MORE LONGEVITY STEP-INCREASES UNDER SECTION 703, OR (2) BASIC COMPENSATION AT A RATE IN EXCESS OF THE MAXIMUM SCHEDULED RATE FOR HIS GRADE UNDER SECTION 604 (B) (11), SECTION 1105 (B), OR ANY OTHER PROVISION OF LAW, THERE IS NO RATE IN SUCH HIGHER GRADE WHICH IS AT LEAST ONE STEP-INCREASE ABOVE HIS EXISTING RATE OF BASIC COMPENSATION, HE SHALL RECEIVE (A) THE MAXIMUM SCHEDULED RATE OF SUCH HIGHER GRADE, OR (B) HIS EXISTING RATE OF BASIC COMPENSATION, IF SUCH EXISTING RATE IS THE HIGHER.

PURSUANT TO THE PROVISIONS OF SECTION 802 (A), SUPRA, THE CIVIL SERVICE COMMISSION HAS PROMULGATED REGULATIONS Z1-316.03 IN THE FEDERAL PERSONNEL MANUAL, SECTION 25.103 OF WHICH ROVIDES:

(B) SUBJECT TO THE MANDATORY REQUIREMENTS OF SUBSECTION (D) AND SECTION 25.104, AN EMPLOYEE WHO IS REEMPLOYED, TRANSFERRED, REASSIGNED, PROMOTED, REPROMOTED, OR DEMOTED MAY BE PAID AT ANY SCHEDULED RATE FOR HIS GRADE WHICH DOES NOT EXCEED THE EMPLOYEE'S HIGHEST PREVIOUS RATE * * *.

AS THE REALLOCATION OF THE SECOND POSITION LISTED IN YOUR SUBMISSION WAS NOT CHANGED BY THE CIVIL SERVICE COMMISSION, THE INCUMBENT OF THAT POSITION PROPERLY IS PAYABLE AT THE MINIMUM SALARY OF GS-14. HAD THE OTHER FOUR POSITIONS BEEN ALLOCATED ADMINISTRATIVELY TO THE GRADES IN WHICH SUBSEQUENTLY PLACED BY THE CIVIL SERVICE COMMISSION, THERE WOULD HAVE BEEN NO QUESTION BUT THAT THE INCUMBENTS PROPERLY COULD BE PAID ONLY THE MINIMUM SALARY RATES OF SUCH GRADES AND WOULD NOT HAVE OBTAINED THE TOP SALARY RATES IN THE RESPECTIVE GRADES UNTIL APPROXIMATELY NINE YEARS LATER. CONSTRUING SECTIONS 502 AND 503 TOGETHER MAKES IT APPARENT THAT ANY REALLOCATION BY ADMINISTRATIVE ACTION IS TENTATIVE ONLY, AND NOT OF SUCH PERMANENCY THAT THE SUBSECTION REDUCTION OF THE EMPLOYEE TO A LOWER GRADE ON ORDER OF THE CIVIL SERVICE COMMISSION CONSTITUTES, OR COULD BE CONSIDERED, A DEMOTION WITHIN THE PURVIEW OF SECTION 25.103 OF THE CIVIL SERVICE REGULATIONS QUOTED ABOVE. ACCORDINGLY, THE NET RESULT OF THE REALLOCATIONS IN THE FIVE CASES IS THE PROMOTION OF THE RESPECTIVE EMPLOYEES TO THE GRADES IN WHICH THEIR POSITIONS WERE FINALLY PLACED, AND SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949, SUPRA, REQUIRES PAYMENT AT THE MINIMUM SALARY RATE OF THE RESPECTIVE GRADES AS SUCH RATES EXCEED THEIR FORMER SALARIES BY MORE THAN ONE STEP.