B-127223, MAR. 23, 1956

B-127223, MAR. 23, 1956

TO THE HONORABLE SECRETARY OF LABOR:

YOUR LETTER OF MARCH 5, 1956, REQUESTS OUR DECISION WHETHER, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED, YOU MAY GRANT AN EMPLOYEE OF YOUR DEPARTMENT AN ADDITIONAL STEP-INCREASE BASED UPON HIS PRIOR TEMPORARY SERVICE.

THE EMPLOYEE HAD SERVED CONTINUOUSLY UNDER A SERIES OF TEMPORARY APPOINTMENTS IN GS-4 AT $3,585 PER ANNUM FROM APRIL 26, 1954, TO SEPTEMBER 26, 1955, WHEN HIS STATUS WAS CONVERTED TO A COMPETITIVE STATUS AND HE WAS GIVEN A PERMANENT APPOINTMENT TO A POSITION IN GS-5 WITH A SALARY OF $3,670 PER ANNUM.

SECTION 25.11 (E) (1), Z1-314, FEDERAL PERSONNEL MANUAL, AUTHORIZES CREDIT TOWARD WITHIN-GRADE STEP-INCREASES FOR---

"/1) CONTINUOUS PAID CIVILIAN EMPLOYMENT IN ANY BRANCH (EXECUTIVE, LEGISLATIVE, OR JUDICIAL) OF THE FEDERAL GOVERNMENT, OR IN THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, INCLUDING ADVANCE ANNUAL OR SICK LEAVE, AND SERVICE UNDER A TEMPORARY APPOINTMENT OR COMPENSATED AT A PER DIEM OR HOURLY RATE, BUT NOT INCLUDING SERVICE PAID AT OVERTIME RATES.'

SECTION 25.11 (F) PROVIDES:

"/F) EQUIVALENT INCREASE IN COMPENSATION IS THE TOTAL OF ANY INCREASE OR INCREASES IN BASIC COMPENSATION WHICH IS EQUAL TO OR GREATER THAN THE SMALLEST STEP-INCREASE IN ANY GRADE IN WHICH THE EMPLOYEE HAS SERVED DURING A PERIOD UNDER CONSIDERATION. STEP INCREASES RESULTING FROM THE APPLICATION OF SECTIONS 703 AND 802 (B) OF THE ACT ARE EQUIVALENT INCREASES IN COMPENSATION.'

AS AN EMPLOYEE HOLDING A TEMPORARY APPOINTMENT IS NOT ENTITLED TO APERIODIC WITHIN-GRADE INCREASE HE LAWFULLY COULD NOT BE GIVEN A WITHIN- GRADE INCREASE PRIOR TO THE CONVERSION OF HIS TEMPORARY APPOINTMENT STATUS TO A PERMANENT STATUS; AND AS THE CONVERSION INVOLVED A PROMOTION FROM GRADE TO GRADE ACCOMPANIED BY AN EQUIVALENT INCREASE IN COMPENSATION IN ACCORDANCE WITH SECTION 802 (B) HE WAS THEREAFTER BARRED FROM A FURTHER INCREASE IN THE HIGHER GRADE BASED UPON PRIOR SERVICE IN THE TEMPORARY POSITION.

THIS CASE IS DISTINGUISHABLE FROM THOSE INVOLVED IN THE TWO DECISION CITED IN YOUR LETTER, NAMELY, 27 COMP. GEN. 499, AND 31 ID. 207. THE DECISION IN 27 COMP. GEN. 499, INVOLVED A CHANGE FROM A TEMPORARY TO A PERMANENT STATUS BUT DID NOT INVOLVE A MANDATORY INCREASE REQUIRED UPON PROMOTION FROM GRADE TO GRADE, AS IN THE PRESENT CASE, AND THUS AUTHORIZED A WITHIN-GRADE ADVANCE IN THE EMPLOYEE'S PERMANENT STATUS, NOT IN THE TEMPORARY STATUS. THE DECISION IN 31 COMP. GEN. 207, DID INVOLVE A GRADE TO GRADE PROMOTION BUT NOT FROM A STATUS IN WHICH WITHIN-GRADE ADVANCES WERE BARRED, AND, IN EFFECT, AUTHORIZED AN ADVANCE IN THE LOWER GRADE WITH A GRADE TO GRADE PROMOTION BASED ON THAT ADVANCED SALARY RATE.