B-115005, JUNE 18, 1953, 32 COMP. GEN. 553

B-115005: Jun 18, 1953

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COMPENSATION - RATES - ALLOCATION OR REALLOCATION OF POSITION AN EMPLOYEE WHOSE POSITION WAS REALLOCATED UPWARD ONE GRADE BY THE CIVIL SERVICE COMMISSION AND UPON APPEAL FURTHER REALLOCATED UPWARD TO THE NEXT HIGHER GRADE IS ENTITLED UPON EACH PROMOTION TO THE STEP INCREASE OR SALARY ADJUSTMENT BENEFITS AUTHORIZED BY SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949. 1953: REFERENCE IS MADE TO YOUR LETTER OF APRIL 28. IT IS RELATED IN YOUR LETTER THAT THE PERSONNEL CLASSIFICATION DIVISION OF THE CIVIL SERVICE COMMISSION. THE SURVEY COMMENCED IN MAY 1952 AND WAS CONCLUDED IN NOVEMBER 1952. AFTER ALL POSITION DESCRIPTIONS WERE COMPLETED. SUCH GRADES WERE CONCURRED IN BY YOUR REPRESENTATIVE AND YOURSELF.

B-115005, JUNE 18, 1953, 32 COMP. GEN. 553

COMPENSATION - RATES - ALLOCATION OR REALLOCATION OF POSITION AN EMPLOYEE WHOSE POSITION WAS REALLOCATED UPWARD ONE GRADE BY THE CIVIL SERVICE COMMISSION AND UPON APPEAL FURTHER REALLOCATED UPWARD TO THE NEXT HIGHER GRADE IS ENTITLED UPON EACH PROMOTION TO THE STEP INCREASE OR SALARY ADJUSTMENT BENEFITS AUTHORIZED BY SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949.

COMPTROLLER GENERAL WARREN TO THE ARCHITECT OF THE CAPITOL, JUNE 18, 1953:

REFERENCE IS MADE TO YOUR LETTER OF APRIL 28, 1953, REQUESTING A DECISION AS TO WHETHER AN EMPLOYEE MAY BE GRANTED TWO SUCCESSIVE INCREASES AUTHORIZED AND DIRECTED BY SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 954, 969, WHERE HIS POSITION HAS BEEN THE SUBJECT OF TWO SUCCESSIVE REGRADINGS UPWARD BY THE UNITED STATES CIVIL SERVICE COMMISSION UNDER THE FOLLOWING CIRCUMSTANCES.

IT IS RELATED IN YOUR LETTER THAT THE PERSONNEL CLASSIFICATION DIVISION OF THE CIVIL SERVICE COMMISSION, PURSUANT TO YOUR REQUEST, MADE A PERSONNEL CLASSIFICATION SURVEY OF ALL POSITIONS AT THE BOTANIC GARDENS LAST YEAR. THE SURVEY COMMENCED IN MAY 1952 AND WAS CONCLUDED IN NOVEMBER 1952. AFTER ALL POSITION DESCRIPTIONS WERE COMPLETED, AND AFTER CONSULTATION WITH YOUR REPRESENTATIVE AT THE BOTANIC GARDENS, THE COMMISSION CLASSIFIER EVALUATED EACH POSITION AND ASSIGNED IT AN APPROPRIATE GRADE. SUCH GRADES WERE CONCURRED IN BY YOUR REPRESENTATIVE AND YOURSELF. POSITION DESCRIPTION SHEETS, APPROVED FORMALLY BY THE CIVIL SERVICE COMMISSION ON NOVEMBER 17, 1952, WERE RECEIVED IN YOUR OFFICE ON NOVEMBER 19, 1952, AND THE CHANGES IN GRADE REQUIRED UNDER THE NEW SHEETS WERE PUT INTO EFFECT ON NOVEMBER 23, 1952.

THE POSITION OF HORTICULTURIST WAS REGRADED AS A RESULT OF THE COMMISSION'S ACTION FROM GRADE GS-7 TO GRADE GS-8, AND EFFECTIVE NOVEMBER 23, 1952, THE EMPLOYEE'S SALARY WAS INCREASED FROM $4,830 PER ANNUM--- STEP (G) OF GRADE GS-7--- TO $4,995 PER ANNUM--- STEP (D) OF GRADE GS-8--- THE EXTRA SALARY STEP IN THE LATTER GRADE BEING REQUIRED BY SECTION 802 (B) OF THE CLASSIFICATION ACT. THEREAFTER, THE INCUMBENT EMPLOYEE APPEALED TO THE CIVIL SERVICE COMMISSION BY LETTER DATED DECEMBER 3, 1952, FOR A RATING OF GRADE GS-9 FOR HIS POSITION. YOUR LETTER STATES THAT, AFTER INFORMAL CONSULTATION WITH YOUR OFFICE AND WITHOUT CHANGE IN THE JOB DESCRIPTION SHEET, THE COMMISSION CONCLUDED THAT GS-9 WAS THE APPROPRIATE GRADE FOR THE POSITION AND NOTICE OF SUCH CONCLUSION WAS GIVEN BY LETTER FROM THE COMMISSION DATED JANUARY 28, 1953, RECEIVED IN YOUR OFFICE ON FEBRUARY 3, 1953.

DECISION IS REQUESTED ON THE FOLLOWING QUESTION:

AS A RESULT OF THE CHANGE IN GRADE MADE BY THE CIVIL SERVICE COMMISSION UPON APPEAL OF THE EMPLOYEE, FROM GS-8 TO GS-9, SHOULD THE EMPLOYEE'S SALARY BE ADJUSTED (A) FROM $4,995 PER ANNUM, HIS PRESENT SALARY IN GS-8, TO $5,060 PER ANNUM, THE MINIMUM SALARY IN GS-9, OR (B) FROM $4,995 PER ANNUM TO $5,185 PER ANNUM, THE SECOND STEP IN GS-9.

SECTION 802 (B) OF THE CLASSIFICATION ACT OF 1949, SUPRA, PROVIDES IN PERTINENT PART AS FOLLOWS:

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. * * *

UNDER THE SAID PROVISIONS OF SECTION 802 (B) THERE APPEARS TO BE NO LANGUAGE TO INHIBIT ITS OPERATION WHENEVER A PROMOTION OR TRANSFER OF AN EMPLOYEE FALLS WITHIN THE PURVIEW THEREOF. THE REPORTED FACTS SHOW THAT, AS FAR AS ALL PARTIES ARE CONCERNED, THE ALLOCATION OF THE POSITION OF HORTICULTURIST TO GRADE GS-8 AND THE PROMOTION OF THE EMPLOYEE TO THAT POSITION, COMPLETED OFFICIALLY THE ACTION WITH RESPECT THERETO. THE SUBSEQUENT APPEAL OF THE EMPLOYEE AND THE COMMISSION'S FAVORABLE ACTION THEREON--- A CONTINGENCY WHICH MIGHT NEVER OCCUR--- WOULD APPEAR TO BE AN INDEPENDENT ACTION AND TO ENTITLE THE EMPLOYEE TO SUCH BENEFITS, INCLUDING A SUBSEQUENT INCREASE UNDER SECTION 802 (B) AS MIGHT LAWFULLY ACCRUE FROM SUCH ACTION. ACCORDINGLY, IN RESPONSE TO THE QUESTION PRESENTED IN THE LAST PARAGRAPH OF YOUR LETTER THE EMPLOYEE'S SALARY SHOULD BE INCREASED, AS SUGGESTED IN (B) THEREOF, NAMELY, FROM $4,995 TO $5,185, THE SECOND STEP IN GS-9.