B-172825, MAY 28, 1971

B-172825: May 28, 1971

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CIVILIAN EMPLOYEE - POSITION - SALARY - DUTIES IN LIGHT OF THE WELL ESTABLISHED RULE THAT FEDERAL EMPLOYEES ARE ENTITLED ONLY TO THE SALARY OF THE POSITION TO WHICH THEY ARE APPOINTED REGARDLESS OF THE DUTIES ACTUALLY PERFORMED. IS ENTITLED TO COMPENSATION OF $4.05 PER HOUR FOR THE POSITION OF GARAGE SERVICEMAN (TO WHICH HE WAS APPOINTED) RATHER THAN TO $4.95 PER HOUR FOR THE POSITION OF AUTOMOTIVE MECHANIC THE WORK OF THE LATTER BEING THE TYPE ACTUALLY PERFORMED. WHO WAS SERVING UNDER AN APPOINTMENT AS A GARAGE SERVICEMAN. WAS DETAILED AUGUST 12. ATKINSON WAS THAT HE WOULD WORK WITHIN THE LIMITS OF HIS CLASSIFICATION AS GARAGE SERVICEMAN. IT WAS SUBSEQUENTLY DETERMINED AFTER HE HAD REPORTED FOR DUTY ON THE TEKTITE II PROJECT THAT HIS WORK DID IN FACT INVOLVE DUTIES OF THE NATURE SUCH AS AN AUTOMOTIVE MECHANIC WOULD PERFORM.

B-172825, MAY 28, 1971

CIVILIAN EMPLOYEE - POSITION - SALARY - DUTIES IN LIGHT OF THE WELL ESTABLISHED RULE THAT FEDERAL EMPLOYEES ARE ENTITLED ONLY TO THE SALARY OF THE POSITION TO WHICH THEY ARE APPOINTED REGARDLESS OF THE DUTIES ACTUALLY PERFORMED, MR. HARLEY C. ATKINSON, EMPLOYEE OF THE BUREAU OF RECLAMATION, IS ENTITLED TO COMPENSATION OF $4.05 PER HOUR FOR THE POSITION OF GARAGE SERVICEMAN (TO WHICH HE WAS APPOINTED) RATHER THAN TO $4.95 PER HOUR FOR THE POSITION OF AUTOMOTIVE MECHANIC THE WORK OF THE LATTER BEING THE TYPE ACTUALLY PERFORMED.

TO MR. W. L. TUCKER:

YOUR LETTER OF APRIL 30, 1971, REFERENCE 2-363, WITH ENCLOSURES, REQUESTS AN ADVANCE DECISION AS TO THE PROPRIETY OF PAYING MR. HARLEY C. ATKINSON, AN EMPLOYEE OF THE BUREAU OF RECLAMATION, ADDITIONAL SALARY FOR THE PERIOD AUGUST 12, 1970, THROUGH OCTOBER 30, 1970, REPRESENTING THE DIFFERENCE BETWEEN A GARAGE SERVICEMAN ($4.05 PER HOUR) AND THAT OF AN AUTOMOTIVE MECHANIC ($4.95 PER HOUR).

THE RECORD SHOWS THAT MR. ATKINSON, WHO WAS SERVING UNDER AN APPOINTMENT AS A GARAGE SERVICEMAN, WAS DETAILED AUGUST 12, 1970, TO THE UNITED STATES VIRGIN ISLANDS IN CONNECTION WITH THE TEKTITE II PROGRAM, A MULTI- ORGANIZATION RESEARCH PROJECT RELATED TO UNDERSEA MARINE SCIENCE AND BEHAVIORAL STUDIES AT THE UNITED STATES VIRGIN ISLANDS. THE ORIGINAL UNDERSTANDING WITH MR. ATKINSON WAS THAT HE WOULD WORK WITHIN THE LIMITS OF HIS CLASSIFICATION AS GARAGE SERVICEMAN, AND PRIMARILY ON SMALL ENGINES. IT WAS SUBSEQUENTLY DETERMINED AFTER HE HAD REPORTED FOR DUTY ON THE TEKTITE II PROJECT THAT HIS WORK DID IN FACT INVOLVE DUTIES OF THE NATURE SUCH AS AN AUTOMOTIVE MECHANIC WOULD PERFORM. YOU SAY THAT MR. ATKINSON WAS APPARENTLY QUALIFIED FOR AND PERFORMED THE DUTIES OF AUTOMOTIVE MECHANIC BUT, THROUGH ADMINISTRATIVE ERROR, WAS NOT PAID THE SALARY ASSIGNED TO THE POSITION.

THE RULE IS WELL ESTABLISHED THAT A FEDERAL EMPLOYEE IS ENTITLED ONLY TO THE SALARY OF THE POSITION TO WHICH HE IS PROPERLY APPOINTED REGARDLESS OF THE DUTIES HE ACTUALLY PERFORMS. COLEMAN V UNITED STATES, 100 CT. CL. 41 (1943); DVORKIN V UNITED STATES, 101 CT. CL. 296 (1944); PRICE V UNITED STATES, 112 CT. CL. 198 (1948), 80 F. SUPP. 542; AMUNDSON, ET AL. V UNITED STATES, 128 CT. CL. 80 (1954), 120 F. SUPP. 201; AND GANSE V UNITED STATES, 180 CT. CL. 183 (1967), 376 F. 2D 900.

THEREFORE, IN ACCORDANCE WITH THE RULE EXPRESSED ABOVE, THERE IS NO BASIS TO ADJUST MR. ATKINSON'S SALARY FOR THE PERIOD OF HIS CLAIM. THE VOUCHER, WITH ACCOMPANYING PAPERS, IS RETURNED HEREWITH AND MAY NOT BE CERTIFIED FOR PAYMENT.