B-155882, JAN. 12, 1965

B-155882: Jan 12, 1965

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

WHICH CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF NOVEMBER 20. YOUR CLAIM WAS DISALLOWED PRIMARILY BECAUSE OF THE FACTS STATED IN THE SETTLEMENT OF NOVEMBER 20. WHICH WERE FURNISHED THE GENERAL ACCOUNTING OFFICE BY THE DEPARTMENT OF THE ARMY IN ITS REPORT TO OUR CLAIMS DIVISION DATED OCTOBER 14. THE LEGAL REASONS FOR THE ACTION TAKEN ESSENTIALLY ARE OF A JURISDICTIONAL NATURE AND ARE FOUND IN SECTIONS 501 THROUGH 506. THE COMMISSION SHALL HAVE AUTHORITY. "/3) DECIDE WHETHER ANY POSITION IS IN ITS APPROPRIATE CLASS AND GRADE. IT IS EVIDENT FROM THE LANGUAGE QUOTED ABOVE THAT POSITION CLASSIFICATION DETERMINATIONS ARE PRIMARILY A RESPONSIBILITY OF THE DEPARTMENT OR AGENCY CONCERNED.

B-155882, JAN. 12, 1965

TO MR. WILLARD BARTLETT:

YOUR LETTER OF DECEMBER 23, 1964, REQUESTS OUR FURTHER CONSIDERATION OF YOUR CLAIM FOR THE DIFFERENCE IN SALARY BETWEEN GRADES GS-12 AND GS-13, INCIDENT TO YOUR EMPLOYMENT WITH THE DEPARTMENT OF THE ARMY DURING THE PERIOD AUGUST 1958 TO NOVEMBER 1962, WHICH CLAIM WAS DISALLOWED BY GENERAL ACCOUNTING OFFICE SETTLEMENT OF NOVEMBER 20, 1964.

YOUR CLAIM WAS DISALLOWED PRIMARILY BECAUSE OF THE FACTS STATED IN THE SETTLEMENT OF NOVEMBER 20, 1964, WHICH WERE FURNISHED THE GENERAL ACCOUNTING OFFICE BY THE DEPARTMENT OF THE ARMY IN ITS REPORT TO OUR CLAIMS DIVISION DATED OCTOBER 14, 1964. HOWEVER, OUR SETTLEMENT DID NOT STATE, IN DETAIL, THE LEGAL BASIS FOR THE CONCLUSION REACHED. THE LEGAL REASONS FOR THE ACTION TAKEN ESSENTIALLY ARE OF A JURISDICTIONAL NATURE AND ARE FOUND IN SECTIONS 501 THROUGH 506, TITLE V OF THE CLASSIFICATION ACT OF 1949, AS AMENDED, 5 U.S.C. 1101, AND FOLLOWING.

SECTION 502/A) OF THE CLASSIFICATION ACT OF 1949, READS IN PART AS FOLLOWS:

"SEC. 502. (A) EXCEPT AS OTHERWISE PROVIDED IN THIS TITLE, EACH DEPARTMENT SHALL PLACE EACH POSITION UNDER ITS JURISDICTION AND TO WHICH THIS ACT APPLIES IN ITS APPROPRIATE CLASS AND GRADE IN CONFORMANCE WITH STANDARDS PUBLISHED BY THE COMMISSION OR, IF NO PUBLISHED STANDARDS DIRECTLY APPLY, CONSISTENTLY WITH PUBLISHED STANDARDS. A DEPARTMENT MAY, WHENEVER THE FACTS WARRANT, CHANGE ANY POSITION WHICH IT HAS PLACED IN A CLASS OR GRADE UNDER THIS SUBSECTION FROM SUCH CLASS OR GRADE TO ANOTHER CLASS OR GRADE. SUCH ACTIONS OF THE DEPARTMENTS SHALL BE THE BASIS FOR THE PAYMENT OF COMPENSATION AND FOR PERSONNEL TRANSACTIONS UNTIL CHANGED BY CERTIFICATE OF THE COMMISSION.'

SECTION 501 OF THE ACT READS:

"SEC. 501. (A) NOTWITHSTANDING SECTION 502, THE COMMISSION SHALL HAVE AUTHORITY, WHICH MAY BE EXERCISED AT ANY TIME IN ITS DISCRETION, TO---

"/1) ASCERTAIN CURRENTLY THE FACTS AS TO THE DUTIES, RESPONSIBILITIES, AND QUALIFICATION REQUIREMENTS OF POSITION;

"/2) PLACE IN AN APPROPRIATE CLASS AND GRADE ANY NEWLY CREATED POSITION OR ANY POSITION COMING INITIALLY UNDER THIS ACT;

"/3) DECIDE WHETHER ANY POSITION IS IN ITS APPROPRIATE CLASS AND GRADE; AND

"/4) CHANGE ANY POSITION FROM ONE CLASS OR GRADE TO ANOTHER CLASS OR GRADE WHENEVER THE FACTS WARRANT.

THE COMMISSION SHALL CERTIFY TO THE DEPARTMENT CONCERNED ACTION TAKEN BY THE COMMISSION UNDER PARAGRAPH (2) OR (4). THE DEPARTMENT SHALL TAKE ACTION IN ACCORDANCE WITH SUCH CERTIFICATE, AND SUCH CERTIFICATE SHALL BE BINDING ON ALL ADMINISTRATIVE, CERTIFYING, PAY ROLL, DISBURSING, AND ACCOUNTING OFFICERS OF THE GOVERNMENT.

"/B) ANY EMPLOYEE OR EMPLOYEES (INCLUDING ANY OFFICER OR OFFICERS) AFFECTED OR ANY DEPARTMENT MAY REQUEST AT ANY TIME THAT THE COMMISSION EXERCISE THE AUTHORITY GRANTED TO IT UNDER SUBSECTION (A) AND THE COMMISSION SHALL ACT UPON SUCH REQUEST.'

IT IS EVIDENT FROM THE LANGUAGE QUOTED ABOVE THAT POSITION CLASSIFICATION DETERMINATIONS ARE PRIMARILY A RESPONSIBILITY OF THE DEPARTMENT OR AGENCY CONCERNED. SUCH ADMINISTRATIVE DETERMINATIONS ARE SUBJECT TO REVIEW AND MODIFICATION BY THE UNITED STATES CIVIL SERVICE COMMISSION UPON ITS OWN INITIATIVE, UPON THE REQUEST OF THE DEPARTMENT OR THAT OF THE EMPLOYEE CONCERNED AS SHOWN BY SECTION 501/B) OF THE ACT.

THE GENERAL ACCOUNTING OFFICE MAY NOT UNDERTAKE TO REVIEW OR MODIFY TECHNICAL POSITION CLASSIFICATION DETERMINATIONS SINCE THAT FUNCTION CLEARLY IS PLACED BY LAW IN THE CIVIL SERVICE COMMISSION. WE WOULD, OF COURSE, BE RESPONSIBLE FOR THE ALLOWANCE OF THE LAWFUL SALARY RATE ATTACHED TO THE GRADE IN WHICH YOUR POSITION OFFICIALLY WAS PLACED. THE RECORDS ESTABLISH THAT YOUR POSITION WAS CLASSIFIED IN GRADE GS-12 AND THAT YOU WERE PAID A SALARY RATE ESTABLISHED FOR THAT GRADE.

THEREFORE, OUR OFFICE SETTLEMENT OF NOVEMBER 20, 1964, WHICH DISALLOWED YOUR CLAIM FOR A GRADE GS-13 SALARY RATE, IS CORRECT AND UPON REVIEW MUST BE SUSTAINED.