B-129906, MAY 31, 1957

B-129906, MAY 31, 1957

TO HONORABLE HARRISON A. WILLIAMS, JR.:

YOUR LETTER OF NOVEMBER 19, 1956, ACKNOWLEDGED DECEMBER 10, REQUESTS REVIEW OF THE CASE OF MR. GERARD CHIARAVALLO. IT WAS NECESSARY TO OBTAIN A FULL ADMINISTRATIVE REPORT IN THIS CASE.

IT NOW APPEARS FROM AVAILABLE RECORDS AND THE ADMINISTRATIVE REPORT THAT MR. CHIARAVALLO WAS APPOINTED TO THE WAGE BOARD POSITION OF JUNIOR SUPPLY INSPECTOR, GR 8, STEP ONE, AT $1.45 PER HOUR, EFFECTIVE JULY 23, 1951, AT THE 3101ST USAF LOGISTIC CONTROL GROUP, BROOKLYN, NEW YORK.

PREVIOUSLY, HE HAD BEEN EMPLOYED IN THE VETERANS ADMINISTRATION IN CLASSIFICATION GRADE GS-3 AT $2,890 PER ANNUM AND HIS INITIAL WAGE BOARD SALARY WITH THE AIR FORCE WAS BASED ON A COMPARISON WITH THAT CLASSIFIED RATE. PURSUANT TO THE ACT OF OCTOBER 10, 1951, THE CLASSIFICATION RATE OF THIS EMPLOYEE WAS INCREASED TO $3,190 PER ANNUM FOR THE TIME HE WAS IN THE VETERANS ADMINISTRATION DURING THE RETROACTIVE PERIOD COVERED BY THAT ACT. THEREUPON PERSONNEL ACTIONS WERE TAKEN IN THE AIR FORCE TO GRANT MR. CHIARAVALLO A CORRESPONDING RETROACTIVE INCREASE IN HIS WAGE BOARD RATE BUT IT WAS CALLED TO THE ATTENTION OF THE PERSONNEL OFFICERS THAT SUCH ACTION WAS CONTRARY TO THE DECISION OF OUR OFFICE IN 31 COMP. GEN. 320 AND SUCH PERSONNEL ACTIONS WERE CANCELED.

MR. CHIARAVALLO FILED A CLAIM IN OUR OFFICE FOT THE RETROACTIVE INCREASE IN HIS WAGE BOARD RATE WHICH WAS DISALLOWED BY SETTLEMENT OF OCTOBER 24, 1956, BECAUSE THE RETROACTIVE INCREASE GRANTED BY THE ACT OF OCTOBER 10, 1951, WAS APPLICABLE ONLY TO PERSONS OCCUPYING POSITIONS SUBJECT TO THE CLASSIFICATION ACT OF 1949, AS AMENDED.

IN 31 COMP. GEN. 320, WE RULED, QUOTING FROM THE SYLLABUS:

"EMPLOYEES WHO WERE ASSIGNED FROM CLASSIFIED POSITIONS TO WAGE BOARD POSITIONS DURING THE PERIOD COVERED BY THE RETROACTIVE COMPENSATION PROVISION OF THE INCREASED COMPENSATION AMENDMENT TO THE CLASSIFICATION ACT OF 1949, ARE NOT ENTITLED, UNDER ADMINISTRATIVE REGULATIONS DESIGNED TO SAVE THEIR COMPENSATION UPON SUCH ASSIGNMENT, TO AN ADJUSTMENT OF COMPENSATION IN THE WAGE BOARD POSITIONS WHERE THE EFFECT WOULD BE TO INCREASE RETROACTIVELY THE RATES OF SUCH POSITIONS.'

WE FURTHER RULED IN 32 COMP. GEN. 156, QUOTING FROM THE SYLLABUS:

"THE PROVISIONS OF THE THIRD SUPPLEMENTAL APPROPRIATION ACT, 1952, MAKING FUNDS AVAILABLE FOR RETROACTIVE COMPENSATION INCREASES GRANTED BY ADMINISTRATIVE ACTION PURSUANT TO LAW TO CERTAIN CLASSES OF EMPLOYEES, DO NOT COVER EMPLOYEES WHOSE RATES OF COMPENSATION ARE FIXED BY WAGE RDS.'

WE HOPE THAT THE FOREGOING WILL BE OF ASSISTANCE IN FORMULATING A REPLY TO MR. CHIARAVALLO. THE ENCLOSURES WITH YOUR LETTER ARE RETURNED HEREWITH.