B-124412, JUL. 6, 1955

B-124412: Jul 6, 1955

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YOU SAY THAT YOU WERE A MEMBER OF THE ARMY AIR FORCE INSPECTION FOR 41 YEARS AND WERE FOR A NUMBER OF YEARS UNDER THE CLASSIFICATION ACT AND RECEIVED TWO LONGEVITY INCREASES BUT RECENTLY WERE TRANSFERRED TO A WAGE-BOARD POSITION. WERE ADVISED THAT AS A WAGE-BOARD EMPLOYEE YOU NO LONGER WERE ENTITLED TO FURTHER LONGEVITY INCREASES. LONGEVITY INCREASES ARE PROVIDED BY SECTION 703 OF THE CLASSIFICATION ACT OF 1949. THE COMPENSATION OF WAGE-BOARD EMPLOYEES IS ADJUSTED FROM TIME TO TIME TO ACCORD WITH THE PREVAILING WAGES IN THE LOCALITY WITHOUT REGARD TO THE LENGTH OF SERVICE RENDERED BY THE EMPLOYEE. THAT IS TO SAY. THERE ARE NO LONGEVITY INCREASES PROVIDED BY STATUTE FOR WAGE-BOARD EMPLOYEES.

B-124412, JUL. 6, 1955

TO MR. ROBERT J. CORCORAN:

YOUR LETTER OF JUNE 20, 1955, REQUESTS TO BE INFORMED REGARDING YOUR RIGHT TO A LONGEVITY INCREASE IN COMPENSATION IN YOUR PRESENT WAGE BOARD POSITION. YOU SAY THAT YOU WERE A MEMBER OF THE ARMY AIR FORCE INSPECTION FOR 41 YEARS AND WERE FOR A NUMBER OF YEARS UNDER THE CLASSIFICATION ACT AND RECEIVED TWO LONGEVITY INCREASES BUT RECENTLY WERE TRANSFERRED TO A WAGE-BOARD POSITION, AND WERE ADVISED THAT AS A WAGE-BOARD EMPLOYEE YOU NO LONGER WERE ENTITLED TO FURTHER LONGEVITY INCREASES.

LONGEVITY INCREASES ARE PROVIDED BY SECTION 703 OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 968, AS AMENDED, TO EMPLOYEES HOLDING POSITIONS UNDER THE CLASSIFICATION ACT ONLY. THE COMPENSATION OF WAGE-BOARD EMPLOYEES IS ADJUSTED FROM TIME TO TIME TO ACCORD WITH THE PREVAILING WAGES IN THE LOCALITY WITHOUT REGARD TO THE LENGTH OF SERVICE RENDERED BY THE EMPLOYEE, THAT IS TO SAY, THERE ARE NO LONGEVITY INCREASES PROVIDED BY STATUTE FOR WAGE-BOARD EMPLOYEES. YOU QUOTE A STATEMENT ALLEGEDLY FROM THE CLASSIFICATION ACT PURPORTING TO PREVENT ANY REDUCTION IN COMPENSATION UPON TRANSFER FROM A CLASSIFIED TO A WAGE-BOARD EMPLOYMENT. IT WOULD APPEAR THAT YOU HAVE REFERENCE TO SECTION 114 OF THE ACT OF SEPTEMBER 1, 1954, 68 STAT. 1111, WHICH PROVIDES AS FOLLOWS:

"SEC. 114. NOTHING CONTAINED IN THIS TITLE SHALL BE CONSTRUED TO DECREASE THE EXISTING RATE OF BASIC COMPENSATION OF ANY PRESENT EMPLOYEE, BUT WHEN HIS POSITION BECOMES VACANT ANY SUBSEQUENT APPOINTEE TO SUCH POSITION SHALL BE COMPENSATED IN ACCORDANCE WITH THE SCALE OF PAY APPLICABLE TO SUCH POSITION.'

THAT SECTION OF THE STATUTE SAVES ONLY THE RATE OF COMPENSATION OF WHICH YOU WERE IN RECEIPT ON THE DATE OF TRANSFER TO A WAGE BOARD POSITION AND DOES NOT PRESERVE ANY RIGHT TO SUBSEQUENT LONGEVITY INCREASES ENJOYED IN A CLASSIFICATION POSITION ONLY.