B-124697, MAR. 6, 1956

B-124697: Mar 6, 1956

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THE SPECIFIC QUESTIONS UPON WHICH YOU NOW REQUEST A DECISION ARE STATED AS FOLLOWS: "/1) MAY THE INITIAL COMPENSATION RATES OF THE GROUP KNOWN AS "ADMINISTRATIVE ENROLLEES" IN THEIR CLASSIFICATION ACT GRADES BE SET UNDER SECTION 25.103 (B) (1) AND 25.102 (J) OF THE FEDERAL EMPLOYEES PAY REGULATIONS (FEDERAL PERSONNEL MANUAL. MAY THE ALLOWANCES FOR QUARTERS AND SUBSISTENCE WHICH THEY HAVE BEEN RECEIVING BE CONSIDERED AS A PART OF THE . WE HELD THAT "ADMINISTRATIVE ENROLLEES" OF THE UNITED STATES MARITIME SERVICE ARE NOT "CIVILIAN OFFICERS AND EMPLOYEES" WITHIN THE PURVIEW OF THE ANNUAL AND SICK LEAVE ACT OF 1951. " IS NOT A "CIVILIAN OFFICER OR EMPLOYEE" OF THE GOVERNMENT WITHIN THE CONTEMPLATION OF THE ACT OF DECEMBER 21.

B-124697, MAR. 6, 1956

TO HONORABLE PHILIP YOUNG, CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

YOUR LETTER OF NOVEMBER 8, 1955, REQUESTS RECONSIDERATION OF OUR DECISION OF AUGUST 3, 1955, B-124697, INVOLVING THE CONVERSION OF POSITIONS OF "ADMINISTRATIVE ENROLLEES" UNITED STATES MARITIME ADMINISTRATION, HERETOFORE TREATED AS QUASI-MILITARY IN NATURE, TO POSITIONS SUBJECT TO THE CIVIL SERVICE AND CLASSIFICATION ACTS.

THE SPECIFIC QUESTIONS UPON WHICH YOU NOW REQUEST A DECISION ARE STATED AS FOLLOWS:

"/1) MAY THE INITIAL COMPENSATION RATES OF THE GROUP KNOWN AS "ADMINISTRATIVE ENROLLEES" IN THEIR CLASSIFICATION ACT GRADES BE SET UNDER SECTION 25.103 (B) (1) AND 25.102 (J) OF THE FEDERAL EMPLOYEES PAY REGULATIONS (FEDERAL PERSONNEL MANUAL, Z1-317), USING THEIR FORMER COMPENSATION AS ADMINISTRATIVE ENROLLEES AS THE "HIGHEST PREVIOUS RATE?

"/2) IN DETERMINING THE "HIGHEST PREVIOUS RATE" UNDER SECTION 25.102 (J), MAY THE ALLOWANCES FOR QUARTERS AND SUBSISTENCE WHICH THEY HAVE BEEN RECEIVING BE CONSIDERED AS A PART OF THE ,HIGHEST PREVIOUS RATE?

"/3) DOES YOUR DECISION B-124158 OF JULY 18, 1955, OR YOUR DECISION IN REPLY TO THE COMMISSION'S LETTER OF JULY 18, 1955 AND THIS LETTER, REFLECT ANY DISAGREEMENT WITH THE COMMISSION'S DECISION THAT THE GROUP KNOWN AS "ADMINISTRATIVE ENROLLEES" OCCUPY CIVILIAN POSITIONS WHICH SHOULD BE FILLED BY REGULAR APPOINTMENT SUBJECT TO THE CIVIL SERVICE ACT AND THE CLASSIFICATION ACT?

IN OUR DECISION OF JULY 18, 1955, B-124158, WE HELD THAT "ADMINISTRATIVE ENROLLEES" OF THE UNITED STATES MARITIME SERVICE ARE NOT "CIVILIAN OFFICERS AND EMPLOYEES" WITHIN THE PURVIEW OF THE ANNUAL AND SICK LEAVE ACT OF 1951, 65 STAT. 679, AS AMENDED, 67 STAT. 136. SIMILARLY, WE PREVIOUSLY HELD IN DECISION OF MARCH 15, 1950, B-82980, THAT AN "ADMINISTRATIVE ENROLLEE," IS NOT A "CIVILIAN OFFICER OR EMPLOYEE" OF THE GOVERNMENT WITHIN THE CONTEMPLATION OF THE ACT OF DECEMBER 21, 1944, 58 STAT. 845 (THE SO-CALLED LUMP-SUM LEAVE PAYMENT ACT).

FOR THE REASONS STATED IN OUR DECISION OF JULY 18, 1955, OUR VIEW IS THAT "ADMINISTRATIVE ENROLLEES," WHILE OCCUPYING THAT STATUS, ARE NO MORE CIVILIAN OFFICERS AND EMPLOYEES OF THE GOVERNMENT FOR PURPOSES OF APPLYING THE HIGHEST PREVIOUS RATE RULE THAN THEY ARE FOR PURPOSES OF THE ANNUAL AND SICK LEAVE ACT OF 1951, AS AMENDED, OR FOR PURPOSES OF THE LUMP-SUM LEAVE PAYMENT ACT OF DECEMBER 21, 1944. IT FOLLOWS, THEREFORE, THAT NEITHER THEIR COMPENSATION NOR THEIR ALLOWANCES AS "ADMINISTRATIVE ENROLLEES" MAY BE USED AS A BASIS FOR FIXING THEIR INITIAL COMPENSATION UPON CONVERSION TO CLASSIFIED POSITIONS AT RATES ABOVE THE MINIMUM OF THE GRADE IN WHICH THEIR POSITIONS MAY BE ALLOCATED. YOUR FIRST TWO QUESTIONS ARE ANSWERED ACCORDINGLY.

CONCERNING YOUR THIRD QUESTION, WE FULLY APPRECIATE THAT THE DUTIES PERFORMED BY THE ENROLLEES MAY BE THE SAME AS THOSE NORMALLY PERFORMED BY PERSONS REGULARLY APPOINTED UNDER CIVIL SERVICE LAWS AND PAID PURSUANT TO THE CLASSIFICATION ACT OF 1949. HOWEVER, IN VIEW OF THE TERMS OF SECTION 509 OF THE CAREER COMPENSATION ACT OF 1949, AS AMENDED, 66 STAT. 80, AND SECTION 216 OF THE MERCHANT MARINE ACT OF 1936, AS AMENDED, 47 U.S.C. 1126, WE ENTERTAIN A SERIOUS DOUBT AS TO THE AUTHORITY OF THE CIVIL SERVICE COMMISSION ON ITS OWN INITIATIVE AND WITHOUT THE CONSENT OF AND DISENROLLMENT ACTION BY THE AGENCY INVOLVED TO SUBJECT THE PRESENT "ADMINISTRATIVE ENROLLEES" TO THE CIVIL SERVICE LAWS AND THE CLASSIFICATION ACT OF 1949. SEE GENERALLY, 33 COMP. GEN. 151; B-124158, JULY 18, 1955.