B-156290, JUN. 15, 1965

B-156290: Jun 15, 1965

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YOU ALSO PRESENT THE QUESTION WHETHER THE TWO EMPLOYEES ARE INDEBTED TO THE UNITED STATES BY REASON OF HAVING RECEIVED PAYMENTS OF COMPENSATION IN UNITED STATES DOLLARS (AT THE RATES SHOWN ON THEIR EMPLOYMENT FORMS) RATHER THAN CANADIAN DOLLARS FROM THE DATES OF THEIR APPOINTMENTS (AUGUST 14. THE APPOINTMENTS OF THE TWO EMPLOYEES DO NOT SPECIFY WHETHER THE COMPENSATION PROVIDED FOR THEREIN WAS TO BE PAYABLE IN UNITED STATES OR IN CANADIAN DOLLARS. ARMY AVIATION MATERIEL COMMAND IN TORONTO WAS REQUIRED TO BE FIXED IN AMOUNTS ESTABLISHED FOR COMPARABLE POSITIONS IN THE CANADIAN CIVIL SERVICE. EVEN WHEN COMPENSATION IS PAID IN AMERICAN DOLLARS THE AMOUNT THEREOF SHOULD NOT HAVE EXCEEDED THE VALUE OF AN EQUIVALENT NUMBER OF CANADIAN DOLLARS.

B-156290, JUN. 15, 1965

TO LIEUTENANT COLONEL H. F. MC FEE, HEADQUARTERS, U.S. ARMY AVIATION MATERIEL COMMAND:

YOUR LETTER OF MARCH 3, 1965, REFERENCE SMOSM-CF, REQUESTS OUR DECISION CONCERNING THE PROPRIETY OF PAYMENT OF A PAYROLL VOUCHER TRANSMITTED THEREWITH IN FAVOR OF MRS. EDITH H. BOOTH AND MR. ALEXANDER T. CHAPMAN. THE AMOUNTS STATED ON THE VOUCHER REPRESENT THE DIFFERENCE--- BASED UPON THE EXCHANGE RATE--- BETWEEN COMPENSATION OF THE TWO EMPLOYEES STATED IN TERMS OF UNITED STATES DOLLARS AND CANADIAN DOLLARS COVERING THE PERIOD NOVEMBER 22, 1964, THROUGH FEBRUARY 13, 1965. YOU ALSO PRESENT THE QUESTION WHETHER THE TWO EMPLOYEES ARE INDEBTED TO THE UNITED STATES BY REASON OF HAVING RECEIVED PAYMENTS OF COMPENSATION IN UNITED STATES DOLLARS (AT THE RATES SHOWN ON THEIR EMPLOYMENT FORMS) RATHER THAN CANADIAN DOLLARS FROM THE DATES OF THEIR APPOINTMENTS (AUGUST 14, 1962, IN MRS. BOOTH'S CASE AND MARCH 25, 1963, IN MR. CHAPMAN'S CASE) TO NOVEMBER 22, 1964, AT WHICH TIME YOU COMMENCED PAYING THEIR SALARIES IN CANADIAN RATHER THAN UNITED STATES DOLLARS AT THE RATES SHOWN ON THEIR EMPLOYMENT FORMS.

THE APPOINTMENTS OF THE TWO EMPLOYEES DO NOT SPECIFY WHETHER THE COMPENSATION PROVIDED FOR THEREIN WAS TO BE PAYABLE IN UNITED STATES OR IN CANADIAN DOLLARS.

WE UNDERSTAND THAT THE COMPENSATION OF CANADIAN NATIONALS EMPLOYED BY THE U.S. ARMY AVIATION MATERIEL COMMAND IN TORONTO WAS REQUIRED TO BE FIXED IN AMOUNTS ESTABLISHED FOR COMPARABLE POSITIONS IN THE CANADIAN CIVIL SERVICE. HENCE, EVEN WHEN COMPENSATION IS PAID IN AMERICAN DOLLARS THE AMOUNT THEREOF SHOULD NOT HAVE EXCEEDED THE VALUE OF AN EQUIVALENT NUMBER OF CANADIAN DOLLARS. ACCORDINGLY, WE ARE OF THE OPINION THAT THE DISCONTINUANCE WITH THE PAY PERIOD BEGINNING NOVEMBER 22, 1964, OF PAYING THE EMPLOYEES IN QUESTION ANY MORE THAN THE EQUIVALENT OF THE NUMBER OF CANADIAN DOLLARS SPECIFIED IN THE APPOINTMENTS WAS WARRANTED.

HOWEVER, IN VIEW OF THE CONFUSION SURROUNDING THE MATTER WHICH WAS ATTRIBUTABLE PRIMARILY TO THE AMBIGUITY IN THE EMPLOYEES' APPOINTMENT FORMS IN NOT SPECIFYING WHETHER THE DOLLAR AMOUNTS SHOWN THEREON REFERRED TO AMERICAN DOLLARS OR CANADIAN DOLLARS, AS WELL AS TO THE MISUNDERSTANDING OF THE PARTIES INVOLVED, NO ACTION NEED BE TAKEN TO EFFECT COLLECTION OF THE OVERPAYMENTS WHICH OCCURRED PRIOR TO THE PAY PERIOD BEGINNING NOVEMBER 22, 1964.