B-113223, JANUARY 9, 1953, 32 COMP. GEN. 319

B-113223: Jan 9, 1953

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ETC. - WAGE STABILIZATION BOARD MEMBERS OF THE WAR STABILIZATION BOARD WHO ARE APPOINTED BY THE PRESIDENT. ARE ENTITLED TO RECEIVE SUCH SALARY AS LONG AS THEY CONTINUE TO BE BOARD MEMBERS EVEN THOUGH THE BOARD IS NOT FUNCTIONING AS SUCH BECAUSE OF THE RESIGNATION OF OTHER MEMBERS. TO BE PAID TO THOSE MEMBERS OF THE WAGE STABILIZATION BOARD WHO ARE APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. IS RESTRICTED TO PAYMENT FOR EACH DAY THEY ARE ACTUALLY ENGAGED IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE BOARD AND MAY NOT BE PAID FOR SERVICES RENDERED TO THE WAGE STABILIZATION COMMITTEE DURING A PERIOD THE BOARD IS TEMPORARILY PREVENTED FROM FUNCTIONING. 1953: REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19.

B-113223, JANUARY 9, 1953, 32 COMP. GEN. 319

COMPENSATION - BOARDS, COMMISSIONS, COMMITTEES, ETC. - WAGE STABILIZATION BOARD MEMBERS OF THE WAR STABILIZATION BOARD WHO ARE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, PURSUANT TO AUTHORITY CONTAINED IN SECTION 112 OF THE ACT OF JUNE 30, 1952, TO REPRESENT THE GENERAL PUBLIC ON THE BOARD WITH COMPENSATION AT THE RATE OF $15,000 PER ANNUM, ARE ENTITLED TO RECEIVE SUCH SALARY AS LONG AS THEY CONTINUE TO BE BOARD MEMBERS EVEN THOUGH THE BOARD IS NOT FUNCTIONING AS SUCH BECAUSE OF THE RESIGNATION OF OTHER MEMBERS. THE PER DIEM AUTHORIZED BY THE ACT OF JUNE 30, 1952, TO BE PAID TO THOSE MEMBERS OF THE WAGE STABILIZATION BOARD WHO ARE APPOINTED BY THE PRESIDENT BY AND WITH THE ADVICE AND CONSENT OF THE SENATE, TO REPRESENT LABOR ON THE BOARD, IS RESTRICTED TO PAYMENT FOR EACH DAY THEY ARE ACTUALLY ENGAGED IN THE PERFORMANCE OF THEIR DUTIES AS MEMBERS OF THE BOARD AND MAY NOT BE PAID FOR SERVICES RENDERED TO THE WAGE STABILIZATION COMMITTEE DURING A PERIOD THE BOARD IS TEMPORARILY PREVENTED FROM FUNCTIONING.

ACTING COMPTROLLER GENERAL YATES TO THE ACTING ADMINISTRATOR, ECONOMIC STABILIZATION AGENCY, JANUARY 9, 1953:

REFERENCE IS MADE TO YOUR LETTER OF DECEMBER 19, 1953, REQUESTING DECISION WHETHER SALARIES OF THE PUBLIC MEMBERS OF THE WAGE STABILIZATION BOARD MAY CONTINUE TO BE PAID WHILE SERVING AS MEMBERS OF THE WAGE STABILIZATION COMMITTEE DURING THE INTERIM THAT THE BOARD IS NOT FUNCTIONING AS SUCH BECAUSE OF THE RESIGNATION OF THE INDUSTRY MEMBERS; ALSO, WHETHER THE LABOR MEMBERS OF THE BOARD MAY BE PAID THEIR PER DIEM COMPENSATION AS BOARD MEMBERS DURING THE DAYS WHEN THEY ARE SERVING WITH THE WAGE STABILIZATION COMMITTEE--- IT BEING STATED THAT NO COMPENSATION FOR SERVICES TO THE COMMITTEE, AS SUCH, IS CONTEMPLATED.

THE WAGE STABILIZATION BOARD WAS ESTABLISHED BY SEC. 112 OF THE ACT OF JUNE 30, 1952, 66 STAT. 300, WHICH PROVIDES AS FOLLOWS:

(B) (1) THERE IS HEREBY CREATED, IN THE PRESENT ECONOMIC STABILIZATION AGENCY, OR ANY SUCCESSOR AGENCY, A WAGE STABILIZATION BOARD (HEREINAFTER IN THIS SUBSECTION REFERRED TO AS THE " BOARD"), WHICH SHALL BE COMPOSED IN EQUAL NUMBERS, OF MEMBERS REPRESENTATIVE OF THE GENERAL PUBLIC, MEMBERS REPRESENTATIVE OF LABOR, AND MEMBERS REPRESENTATIVE OF BUSINESS AND INDUSTRY. THE NUMBER OF OFFICES ON THE BOARD SHALL BE ESTABLISHED BY EXECUTIVE ORDER.

(2) THE MEMBERS OF THE BOARD SHALL BE APPOINTED BY THE PRESIDENT, BY AND WITH THE ADVICE AND CONSENT OF THE SENATE. THE PRESIDENT SHALL DESIGNATE A CHAIRMAN AND VICE CHAIRMAN OF THE BOARD FROM AMONG THE MEMBERS REPRESENTATIVE OF THE GENERAL PUBLIC.

(3) THE TERM OF OFFICE OF THE MEMBERS OF THE BOARD SHALL TERMINATE ON MAY 1, 1953. ANY MEMBER APPOINTED TO FILL A VACANCY OCCURRING PRIOR TO THE EXPIRATION OF THE TERM FOR WHICH HIS PREDECESSOR WAS APPOINTED SHALL BE APPOINTED FOR THE REMAINDER OF SUCH TERM.

(4) EACH MEMBER REPRESENTATIVE OF THE GENERAL PUBLIC SHALL RECEIVE COMPENSATION AT THE RATE OF $15,000 A YEAR, AND WHILE A MEMBER OF THE BOARD SHALL ENGAGE IN NO OTHER BUSINESS, VOCATION, OR EMPLOYMENT. EACH MEMBER REPRESENTATIVE OF LABOR, AND EACH MEMBER REPRESENTATIVE OF BUSINESS AND INDUSTRY, SHALL RECEIVE $50 FOR EACH DAY HE IS ACTUALLY ENGAGED IN THE PERFORMANCE OF HIS DUTIES AS A MEMBER OF THE BOARD. * * *

IT IS STATED THAT, BECAUSE OF THE RESIGNATION OF THE INDUSTRY MEMBERS, THE WAGE STABILIZATION BOARD IS NOT FUNCTIONING AS SUCH, BUT BY GENERAL ORDER 19, ISSUED BY THE ADMINISTRATOR DECEMBER 15, 1952, THE "PRESENT PUBLIC MEMBERS OF THE WAGE STABILIZATION BOARD AND ANY PERSONS APPOINTED AS PUBLIC MEMBERS OF THE BOARD" WERE DESIGNATED AS MEMBERS OF THE WAGE STABILIZATION COMMITTEE, AND SAID COMMITTEE WAS AUTHORIZED "TO PERFORM * * * THE WAGE STABILIZATION FUNCTIONS AUTHORIZED BY TITLE IV OF THE DEFENSE PRODUCTION ACT OF 1950, AS AMENDED.'

YOU ARE ADVISED THAT, SINCE THE BOARD MEMBERS REPRESENTING THE GENERAL PUBLIC HOLD STATUTORY OFFICES WITH COMPENSATION FIXED BY STATUTE, THEY, SO LONG AS THEY CONTINUE TO BE BOARD MEMBERS, MAY CONTINUE TO RECEIVE SUCH STATUTORY SALARIES DURING THE AUTHORIZED LIFE OF THE BOARD IRRESPECTIVE OF THE FACT THAT THE BOARD CANNOT FUNCTION AS SUCH TEMPORARILY. 24 COMP. GEN. 45; 25 ID. 212; 28 ID. 68.

HOWEVER, THE PER DIEM COMPENSATION OF THE LABOR MEMBERS IS BY THE ABOVE- QUOTED STATUTE RESTRICTED TO "EACH DAY HE IS ACTUALLY ENGAGED IN THE PERFORMANCE OF HIS DUTIES AS A MEMBER OF THE BOARD.' ACCORDINGLY, IT MUST BE HELD THAT SERVICE RENDERED TO THE WAGE STABILIZATION COMMITTEE RATHER THAN TO THE BOARD DOES NOT QUALIFY THE LABOR MEMBERS FOR THE PER DIEM COMPENSATION.

THE FOREGOING ANSWERS ARE NOT IN ANY WISE TO BE CONSTRUED AS HAVING PASSED UPON THE LEGAL AUTHORITY TO ESTABLISH THE COMMITTEE FOR THE PURPOSE INDICATED IN THE REFERRED-TO GENERAL ORDER.