B-20742, OCTOBER 13, 1941, 21 COMP. GEN. 318

B-20742, OCTOBER 13, 1941, 21 COMP. GEN. 318

COMPENSATION - WITHIN-GRADE PROMOTIONS - APPLICABILITY OF ACT, AUGUST 11, 1941 THE WITHIN-GRADE SALARY ADVANCEMENT PLAN PROVIDED BY THE ACT OF AUGUST 1, 1941, IS EXPRESSLY LIMITED TO EMPLOYEES OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULE FIXED BY THE CLASSIFICATION ACT WHO ARE COMPENSATED ON A PER ANNUM BASIS, AND, THEREFORE, SAID ACT IS APPLICABLE ONLY TO THOSE EMPLOYEES OF THE MAIL EQUIPMENT SHOPS, POST OFFICE DEPARTMENT, WHO ARE COMPENSATED ON A PER ANNUM BASIS IN ACCORDANCE WITH THE CLASSIFICATION ACT, AND NOT TO THOSE IN THE CLERICAL-MECHANICAL SERVICE WHO ARE COMPENSATED ON AN HOURLY BASIS UNDER THE CLASSIFICATION ACT OR THE 40-HOUR WEEK STATUTE OF MARCH 28, 1934.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, OCTOBER 13, 1941:

I HAVE YOUR LETTER OF SEPTEMBER 24, 1941, AS FOLLOWS:

REFERENCE IS MADE TO PRIOR DECISIONS CONSTRUING THE PROVISIONS OF THE AUTOMATIC PROMOTION ACT, PUBLIC NO. 200, OTHERWISE KNOWN AS THE " RAMSPECT ACT.'

QUESTION HAS BEEN RAISED AS TO THE STATUS OF THE EMPLOYEES OF THE MAIL EQUIPMENT SHOPS. THERE ARE THREE DISTINCT CLASSIFICATIONS OF EMPLOYEES WORKING IN THE SHOPS, SOME OF WHOM COME WITHIN THE CLERICAL,ADMINISTRATIVE, AND FISCAL SERVICE, SOME WITHIN THE CUSTODIAL SERVICE, AND SOME IN THE CLERICAL-1MECHANICAL GRADES. THE FIRST TWO CLASSES OF EMPLOYEES ARE PAID ON A PER ANNUM BASIS, WHEREAS THOSE OF THE LAST CLASS ARE PAID AT A PER DIEM RATE BASED ON SIX DAYS OF SERVICE PER WEEK BUT WITH THEIR SALARIES RE-STATED ON AN HOURLY BASIS DUE TO THE FACT THAT THEY WORK FIVE DAYS PER WEEK.

YOUR DECISION IS REQUESTED WHETHER THE PROVISIONS OF PUBLIC 200 APPLY TO ALL OR ANY OF THE EMPLOYEES OF THE MAIL EQUIPMENT SHOPS.

THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, 55 STAT. 613, AMENDED SECTION 7 OF THE CLASSIFICATION ACT OF 1923, 42 STAT. 1488, TO PROVIDE IN PERTINENT PART, AS FOLLOWS:

(B) ALL EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT, WHO HAVE NOT ATTAINED THE MAXIMUM RATE OF COMPENSATION FOR THE GRADE IN WHICH THEIR POSITIONS ARE RESPECTIVELY ALLOCATED, SHALL BE ADVANCED IN COMPENSATION * * *.

THE COMPENSATION SCHEDULES PRESCRIBED BY THE CLASSIFICATION ACT ARE STATED BROADLY UNDER CERTAIN SPECIFIC HEADINGS, TO WIT: (1) PROFESSIONAL AND SCIENTIFIC SERVICE, (2) SUBPROFESSIONAL SERVICE, (3) CLERICAL, ADMINISTRATIVE, AND FISCAL SERVICE, (4) CUSTODIAL SERVICE, AND (5) CLERICAL-MECHANICAL SERVICE. WITH THE EXCEPTION OF THE CLERICAL- MECHANICAL SERVICE, THE COMPENSATION RATES IN EACH OF THESE SERVICES ARE FIXED UPON A PER ANNUM BASIS--- THE COMPENSATION RATES IN THE CLERICAL- MECHANICAL SERVICE BEING FIXED UPON AN HOURLY BASIS.

UNDER THE EXPRESS TERMS OF SECTION 2 (B) OF THE ACT OF AUGUST 1, 1941, SUPRA, THE WITHIN-GRADE COMPENSATION ADVANCEMENT PLAN IS EXPRESSLY LIMITED TO EMPLOYEES "COMPENSATED ON A PER ANNUM BASIS," AND OCCUPYING "PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ( CLASSIFICATION) ACT.'

IT IS UNDERSTOOD FROM YOUR LETTER (SEE, ALSO, P. 896, THE BUDGET, 1942), THAT THE EMPLOYEES OF THE MAIL EQUIPMENT SHOPS ARE COMPENSATED UNDER THE HEADINGS (1) CLERICAL, ADMINISTRATIVE AND FISCAL SERVICE, (2) CUSTODIAL SERVICE AND (3) CLERICAL-MECHANICAL SERVICE. THE BUDGET ALSO LISTS ONE POSITION IN THE MAIL EQUIPMENT SHOPS AS BEING IN THE SUBPROFESSIONAL SERVICE AND A NUMBER OF POSITIONS AS "SKILLED TRADES (NOT CLASSIFIED)"--- THE LATTER PRESUMABLY COMING UNDER THE 40-HOUR WEEK STATUTE, NAMELY, SECTION 23 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522. SEE 13 COMP. GEN. 367, 15 ID. 308.

REFERRING TO THE CONCLUDING PARAGRAPH OF YOUR LETTER, YOU ARE ADVISED THAT THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, IS APPLICABLE TO ALL EMPLOYEES OF THE MAIL EQUIPMENT SHOPS WHO HAVE BEEN CLASSIFIED AS IN THE (1) CLERICAL, ADMINISTRATIVE AND FISCAL SERVICE, (2) SUBPROFESSIONAL SERVICE, AND (3) CUSTODIAL SERVICE--- THAT IS, TO THOSE WHOSE COMPENSATION IS FIXED, ON A PER ANNUM BASIS, IN ACCORDANCE WITH THE PROVISIONS OF THE CLASSIFICATION ACT AND THAT IT IS NOT APPLICABLE TO THOSE EMPLOYEES IN THE CLERICAL-MECHANICAL SERVICE WHOSE COMPENSATION IS PAID ON AN HOURLY BASIS UNDER THE PROVISIONS OF THE CLASSIFICATION ACT, OR OF THE ACT OF MARCH 28, 1934, SUPRA. ..END :