B-123823, JUNE 8, 1955, 34 COMP. GEN. 665

B-123823: Jun 8, 1955

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WHICH FIXES THE GS GRADES TO BE ASSIGNED TO THOSE HOLDING SPECIFIC CPC GRADES ON THE DATE THE CONVERSION IS PROCESSED. WHICHEVER IS DETERMINED AS BEING MORE DESIRABLE FROM THE STANDPOINT OF PERSONNEL ADMINISTRATION. THE FACTS STATED IN YOUR LETTER ARE AS FOLLOWS: AN EMPLOYEE OF THE NATIONAL GALLERY ART. WAS CONVERTED FROM GRADE 4. THIS EMPLOYEE WAS PROMOTED FROM GS-2 TO A VACANCY GS-4. IT APPEARS THAT THE FOLLOWING RESULTS WOULD HAVE BEEN OBTAINED: CPC-4 AT $3. THIS IS UNDERSTANDABLE SINCE YOU SAY: IT IS THE OPINION OF THE GALLERY'S PERSONNEL OFFICE THAT. UNDER CIRCUMSTANCES WHEREIN THE PROMOTION AND CONVERSION WERE EFFECTED ON THE SAME DAY. IT WAS PERMISSIVE TO ADOPT EITHER COURSE. FIXES THE GS GRADES TO BE ASSIGNED TO THOSE EMPLOYEES HOLDING SPECIFIED CPC GRADES ON THE DATE THE CONVERSION IS PROCESSED.

B-123823, JUNE 8, 1955, 34 COMP. GEN. 665

COMPENSATION - PROMOTIONS IN CPC GRADES ON THE DAY OF CONVERSION TO GS GRADES - ACT OF SEPTEMBER 1, 1954 ANY ATTEMPT TO PROMOTE AN EMPLOYEE BETWEEN CPC GRADES ON THE DAY OF CONVERSION TO GS GRADE WOULD VIOLATE THE REQUIREMENTS OF SECTION 106 (A) ACT OF SEPTEMBER 1, 1954, WHICH FIXES THE GS GRADES TO BE ASSIGNED TO THOSE HOLDING SPECIFIC CPC GRADES ON THE DATE THE CONVERSION IS PROCESSED.

ASSISTANT COMPTROLLER GENERAL WEITZEL TO MR. G. T. HECKERT, JUNE 8, 1955:

YOUR LETTER OF APRIL 29, 1955, REQUESTS OUR DECISION WHETHER YOU MAY CERTIFY A PAYROLL FOR AN UNNAMED EMPLOYEE AT ANNUAL RATES OF EITHER $3,335 OR $3,415, WHICHEVER IS DETERMINED AS BEING MORE DESIRABLE FROM THE STANDPOINT OF PERSONNEL ADMINISTRATION. THE FACTS STATED IN YOUR LETTER ARE AS FOLLOWS:

AN EMPLOYEE OF THE NATIONAL GALLERY ART, ON DECEMBER 19, 1954, WAS CONVERTED FROM GRADE 4, CRAFTS, PROTECTIVE, AND CUSTODIAL SCHEDULE, TO GRADE 2, GENERAL SCHEDULE, UNDER THE PROVISIONS OF SEC. 106 OF PUBLIC LAW 763, 83D CONGRESS, 2ND SESSION; ALSO, BY ACTION ON THE SAME DAY, THIS EMPLOYEE WAS PROMOTED FROM GS-2 TO A VACANCY GS-4. THIS ACTION GAVE THE FOLLOWING RESULTS:

CPC-4 AT $3,230 CONVERTED TO GS-2 AT $3,230; PROMOTED TO GS-4 AT $3,335.

IF THE PROMOTION IN GRADE HAD BEEN CONSIDERED AS HAVING BEEN EFFECTED PRIOR TO THE CONVERSION FROM THE CPC TO THE GS SERVICE, IT APPEARS THAT THE FOLLOWING RESULTS WOULD HAVE BEEN OBTAINED:

CPC-4 AT $3,230 PROMOTED TO CPC-6 AT $3,360; CONVERSION TO GS-4 AT $3,415.

NORMALLY, A REQUEST BY A CERTIFYING OFFICER FOR AN ADVANCE DECISION SHOULD BE ACCOMPANIED BY A SPECIFIC VOUCHER PRESENTED TO HIM FOR CERTIFICATION. YOU DID NOT ENCLOSE A VOUCHER WITH YOUR REQUEST, BUT THIS IS UNDERSTANDABLE SINCE YOU SAY:

IT IS THE OPINION OF THE GALLERY'S PERSONNEL OFFICE THAT, UNDER CIRCUMSTANCES WHEREIN THE PROMOTION AND CONVERSION WERE EFFECTED ON THE SAME DAY, IT WAS PERMISSIVE TO ADOPT EITHER COURSE, NAMELY, THAT LEADING TO A BASE SALARY OF $3,335 OR THAT LEADING TO A BASE SALARY OF $3,415.

IN VIEW OF THE PERSONNEL ACTION OF RECORD, THE PROMOTION ACTUALLY HAVING BEEN PROCESSED FROM GS-2 TO GS-4 AFTER CONVERSION AND SUCH ACTION APPEARING LEGAL AND PROPER AT THE TIME MADE, THE ONLY PROPER SALARY WOULD BE THAT REQUIRED BY THE PERSONNEL ACTION SO TAKEN. IT COULD NOT BE CHANGED AT THIS TIME BY A RETROACTIVE REPROCESSING. FURTHERMORE, SECTION 106 (A) OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1107, REQUIRING THE CONVERSION FROM CPC GRADES TO GS GRADES, FIXES THE GS GRADES TO BE ASSIGNED TO THOSE EMPLOYEES HOLDING SPECIFIED CPC GRADES ON THE DATE THE CONVERSION IS PROCESSED. ANY ATTEMPT TO PROMOTE AN EMPLOYEE BETWEEN CPC GRADES ON THE DAY OF CONVERSION WOULD, IN EFFECT, VIOLATE THE REQUIREMENT OF THIS SECTION AS IT WOULD INITIALLY PLACE THE EMPLOYEE IN A HIGHER GS GRADE THAN THAT FIXED BY THE STATUTE.

ACCORDINGLY, YOU WOULD NOT BE AUTHORIZED TO CERTIFY A CURRENT PAYROLL VOUCHER FOR THIS EMPLOYEE AT ANY RATE ABOVE $3,335.