B-134069, NOVEMBER 25, 1957, 37 COMP. GEN. 364

B-134069: Nov 25, 1957

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COMPENSATION - WAGE BOARD POSITIONS CONVERTED TO CLASSIFICATION ACT POSITIONS - SAVED PAY FOR INCUMBENTS EMPLOYEES WHO CONTINUE TO OCCUPY WAGE BOARD POSITIONS WHICH SHOULD HAVE BEEN CONVERTED TO CLASSIFICATION ACT POSITIONS PRIOR TO SEPTEMBER 1955. - ARE ENTITLED TO THE SAVED SALARY BENEFITS IN 5 U.S.C. 1114 NOTE. SECTION 25.504 (B) OF THE FEDERAL EMPLOYEES PAY REGULATIONS NOW WOULD BE APPLICABLE TO A GROUP OF EMPLOYEES WHO HAVE BEEN REGARDED AS HOLDING WAGE BOARD POSITIONS WITH NO CHANGE IN DUTIES FOR A NUMBER OF YEARS. THE POSITIONS APPARENTLY SHOULD HAVE BEEN CONVERTED TO CLASSIFICATION ACT POSITIONS PRIOR TO SEPTEMBER 1955 BECAUSE OF THE REVISION OF SECTION 202 (7) OF THE CLASSIFICATION ACT OF 1949 BY SECTION 105 OF TITLE I OF PUBLIC LAW 763.

B-134069, NOVEMBER 25, 1957, 37 COMP. GEN. 364

COMPENSATION - WAGE BOARD POSITIONS CONVERTED TO CLASSIFICATION ACT POSITIONS - SAVED PAY FOR INCUMBENTS EMPLOYEES WHO CONTINUE TO OCCUPY WAGE BOARD POSITIONS WHICH SHOULD HAVE BEEN CONVERTED TO CLASSIFICATION ACT POSITIONS PRIOR TO SEPTEMBER 1955--- THE EXPIRATION DATE FOR CONVERSION ACTIONS PURSUANT TO 5 U.S.C. 1082 (7/-- - ARE ENTITLED TO THE SAVED SALARY BENEFITS IN 5 U.S.C. 1114 NOTE, PROVIDED THAT THE SAVED SALARIES DO NOT EXCEED THE SALARY RATES IN EFFECT FOR SUCH EMPLOYEES AS OF THE DATE OF THE FIRST DAY OF THE PAY PERIOD WHICH BEGAN MORE THAN TWELVE MONTHS AFTER SEPTEMBER 1, 1954.

TO THE CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION, NOVEMBER 25, 1957:

YOUR LETTER OF OCTOBER 8, 1957, REQUESTS OUR DECISION WHETHER THE SAVINGS PROVISION OF SECTION 114 OF TITLE I OF PUBLIC LAW 763, 68 STAT. 1108, 5 U.S.C. 1114 NOTE, AND SECTION 25.504 (B) OF THE FEDERAL EMPLOYEES PAY REGULATIONS NOW WOULD BE APPLICABLE TO A GROUP OF EMPLOYEES WHO HAVE BEEN REGARDED AS HOLDING WAGE BOARD POSITIONS WITH NO CHANGE IN DUTIES FOR A NUMBER OF YEARS. THE POSITIONS APPARENTLY SHOULD HAVE BEEN CONVERTED TO CLASSIFICATION ACT POSITIONS PRIOR TO SEPTEMBER 1955 BECAUSE OF THE REVISION OF SECTION 202 (7) OF THE CLASSIFICATION ACT OF 1949 BY SECTION 105 OF TITLE I OF PUBLIC LAW 763, 5 U.S.C. 1082 (7).

SECTION 105 OF TITLE I OF PUBLIC LAW 763 REVISED SECTION 202 (7) OF THE CLASSIFICATION ACT TO READ AS FOLLOWS:

(7) EMPLOYEES IN RECOGNIZED TRADES OR CRAFTS, OR OTHER SKILLED MECHANICAL CRAFTS, OR IN UNSKILLED, SEMISKILLED, OR SKILLED MANUAL LABOR OCCUPATIONS, AND OTHER EMPLOYEES, INCLUDING FOREMEN AND SUPERVISORS IN POSITIONS HAVING TRADE, CRAFT, OR LABORING EXPERIENCE AND KNOWLEDGE AS THE PARAMOUNT REQUIREMENT, AND EMPLOYEES IN THE BUREAU OF ENGRAVING AND PRINTING THE DUTIES OF WHOM ARE TO PERFORM OR TO DIRECT MANUAL OR MACHINE OPERATIONS REQUIRING SPECIAL SKILL OR EXPERIENCE, OR TO PERFORM OR DIRECT THE COUNTING, EXAMINING, SORTING, OR OTHER VERIFICATION OF THE PRODUCT OF MANUAL OR MACHINE OPERATIONS: PROVIDED, THAT THE COMPENSATION OF SUCH EMPLOYEES SHALL BE FIXED AND ADJUSTED FROM TIME TO TIME AS NEARLY AS IS CONSISTENT WITH THE PUBLIC INTEREST IN ACCORDANCE WITH PREVAILING RATES: PROVIDED FURTHER, THAT WHENEVER THE CIVIL SERVICE COMMISSION CONCURS IN THE OPINION OF THE EMPLOYING AGENCY THAT IN ANY GIVEN AREA THE NUMBER OF SUCH EMPLOYEES IS SO FEW AS TO MAKE PREVAILING RATE DETERMINATIONS IMPRACTICABLE, SUCH EMPLOYEE OR EMPLOYEES SHALL BE SUBJECT TO THE PROVISIONS OF THIS ACT WHICH ARE APPLICABLE TO POSITIONS OF EQUIVALENT DIFFICULTY OR RESPONSIBILITY.

SECTIONS 110 (A), 5 U.S.C. 1082 NOTE, AND 114, 5 U.S.C. 1114 NOTE, TITLE I OF PUBLIC LAW 763, READ AS FOLLOWS:

SEC. 110. (A) SECTION 105 OF THIS TITLE SHALL TAKE EFFECT ON THE DATE OR DATES SPECIFIED BY THE HEAD OF A DEPARTMENT, BUT NOT EARLIER THAN THE FIRST DAY OF THE SECOND PAY PERIOD WHICH BEGINS AFTER THE DATE OF ENACTMENT OF THIS ACT, AND NOT LATER THAN THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGINS MORE THAN TWELVE MONTHS AFTER THE DATE OF ENACTMENT OF THIS ACT, WITH RESPECT TO EACH EMPLOYEE AND POSITION IN SUCH DEPARTMENT WITHIN THE PURVIEW OF SUCH SECTION 105.

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.

IF IT CAN BE CLEARLY DETERMINED THAT THE POSITION HERE IN QUESTION SHOULD HAVE BEEN CONVERTED TO CLASSIFICATION ACT POSITION PRIOR TO EXPIRATION OF THE DATE SPECIFIED IN SECTION 110 (A) OF PUBLIC LAW 763 (SEE OUR DECISION OF JUNE 28, 1955, 34 COMP. GEN. 708, ANSWER TO QUESTION 1), WE SEE NO REASON WHY THE INCUMBENTS OF SUCH POSITIONS WHO HAVE CONTINUED TO OCCUPY THE POSITIONS SINCE THE REQUIRED DATE OF CONVERSION WOULD NOT BE ENTITLED TO THE BENEFIT OF THE SAVINGS PROVISION OF SECTION 114 AND THE REGULATION OF YOUR COMMISSION ISSUED PURSUANT THERETO. HOWEVER, SUCH SAVED SALARIES SHOULD NOT EXCEED THE SALARY RATES IN EFFECT FOR SUCH EMPLOYEES AS OF THE DATE OF THE FIRST DAY OF THE FIRST PAY PERIOD WHICH BEGAN MORE THAN TWELVE MONTHS AFTER SEPTEMBER 1, 1954, AS SPECIFIED IN SECTION 110 (A) OF PUBLIC LAW 763.