B-44716, OCTOBER 4, 1944, 24 COMP. GEN. 275

B-44716: Oct 4, 1944

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IT IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO COMPARE EITHER THE BASIC COMPENSATION OR THE GROSS COMPENSATION (INCLUSIVE OF WARTIME ADDITIONAL COMPENSATION) OF EACH POSITION AND TO FIX THE INITIAL SALARY RATE ON THE BASIS MOST ADVANTAGEOUS TO THE EMPLOYEE. 1944: I HAVE YOUR LETTER OF SEPTEMBER 23. AS FOLLOWS: A DECISION IS REQUESTED ON THE FOLLOWING QUESTION WHICH HAS ARISEN AS TO THE INITIAL SALARY RATE WHICH MAY BE PAID TO AN EMPLOYEE OF THE POSTAL FIELD SERVICE. WHO IS TRANSFERRED TO THE DEPARTMENTAL SERVICE SUBJECT TO THE CLASSIFICATION ACT OF 1923. 1943) IS TRANSFERRED TO GRADE CAF-5 IN THE DEPARTMENTAL SERVICE. IF THE DEPARTMENT IS NOT AUTHORIZED TO SET THE INITIAL SALARY STEP AT $2.

B-44716, OCTOBER 4, 1944, 24 COMP. GEN. 275

COMPENSATION - INITIAL SALARY RATES UPON TRANSFER FROM UNCLASSIFIED TO CLASSIFIED POSITIONS - EFFECT OF WARTIME ADDITIONAL COMPENSATION IN DETERMINING THE INITIAL BASIC SALARY RATE UNDER THE CLASSIFICATION ACT OF AN EMPLOYEE TRANSFERRED FROM AN UNCLASSIFIED TO A CLASSIFIED POSITION, SO AS TO SAVE, AS FAR AS POSSIBLE, THE TOTAL SALARY RECEIVED IN THE UNCLASSIFIED POSITION, IT IS WITHIN THE DISCRETION OF THE ADMINISTRATIVE OFFICE TO COMPARE EITHER THE BASIC COMPENSATION OR THE GROSS COMPENSATION (INCLUSIVE OF WARTIME ADDITIONAL COMPENSATION) OF EACH POSITION AND TO FIX THE INITIAL SALARY RATE ON THE BASIS MOST ADVANTAGEOUS TO THE EMPLOYEE; HOWEVER, THE INITIAL BASIC RATE IN THE CLASSIFIED POSITION MAY NOT BE FIXED TO INCLUDE BOTH THE BASIC AND THE WARTIME ADDITIONAL COMPENSATION PREVIOUSLY RECEIVED IN THE UNCLASSIFIED POSITION. 23 COMP. GEN. 160 AND 24 ID. 102, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, OCTOBER 4, 1944:

I HAVE YOUR LETTER OF SEPTEMBER 23, 1944, AS FOLLOWS:

A DECISION IS REQUESTED ON THE FOLLOWING QUESTION WHICH HAS ARISEN AS TO THE INITIAL SALARY RATE WHICH MAY BE PAID TO AN EMPLOYEE OF THE POSTAL FIELD SERVICE, NOT UNDER THE CLASSIFICATION ACT OF 1923, WHO IS TRANSFERRED TO THE DEPARTMENTAL SERVICE SUBJECT TO THE CLASSIFICATION ACT OF 1923, UNDER THE FOLLOWING CONDITIONS:

A REGULAR EMPLOYEE PAID AT THE RATE OF $2,100 BASE PAY PLUS $300 ADDITIONAL COMPENSATION FOR A 40 HOUR WEEK ( PUBLIC LAW 25--- 78TH CONGRESS, APPROVED APRIL 9, 1943) IS TRANSFERRED TO GRADE CAF-5 IN THE DEPARTMENTAL SERVICE. MAY THE INITIAL SALARY RATE ON TRANSFER BE SET AT $2,400 PER ANNUM?

IF THE DEPARTMENT IS NOT AUTHORIZED TO SET THE INITIAL SALARY STEP AT $2,400, WILL YOU PLEASE ADVISE WHAT SALARY STEP IN GRADE CAF-5 WOULD BE AUTHORIZED.

THE RULE IS WELL SETTLED THAT WHEN AN EMPLOYEE IS TRANSFERRED FROM A POSITION NOT UNDER THE CLASSIFICATION ACT TO ONE THAT IS SUBJECT THERTO, THE CHANGE IS NOT REGARDED AS A NEW APPOINTMENT SUCH AS IS REQUIRED TO BE MADE AT THE MINIMUM SALARY RATE OF THE GRADE TO WHICH TRANSFERRED, AND THAT THE INITIAL SALARY RATE UPON TRANSFER MAY BE FIXED AT ONE OF THE RATES OF THE GRADE TO WHICH TRANSFERRED NOT IN EXCESS OF THE RATE PAID IN THE UNCLASSIFIED POSITION. 14 COMP. GEN. 448 (AT PAGE 450); 15 ID. 102, 797; 16 ID. 994; 19 ID. 20, 845; 22 ID. 925, 1092. THAT RULE WAS STATED WITH RELATION TO BASIC RATES OF COMPENSATION.

IN DECISIONS OF SEPTEMBER 1, 1943, 23 COMP. GEN. 160, AND OF AUGUST 11, 1944 (B-43574), 24 COMP. GEN. 102, THERE WAS RECOGNIZED THAT A COMPARISON MAY BE MADE BETWEEN THE GROSS COMPENSATION (INCLUSIVE OF WARTIME ADDITIONAL COMPENSATION) RECEIVED IN THE UNCLASSIFIED AND CLASSIFIED POSITIONS TO SAVE, SO FAR AS POSSIBLE, THE TOTAL SALARY RECEIVED IN THE UNCLASSIFIED POSITION UPON TRANSFER TO THE CLASSIFIED POSITION. IT IS OPTIONAL WITH THE ADMINISTRATIVE OFFICE WHETHER THE COMPARISON BE MADE BETWEEN THE BASIC OR GROSS RATES OF COMPENSATION IN THE UNCLASSIFIED AND CLASSIFIED POSITIONS FOR THE PURPOSE OF DETERMINING WHICH RESULT IS MORE ADVANTAGEOUS TO THE EMPLOYEE. HOWEVER, THE TWO RULES MAY NOT BE COMBINED AND APPLIED SO AS TO PAY A BASIC RATE OF COMPENSATION IN THE CLASSIFIED POSITION TO INCLUDE BOTH THE BASIC COMPENSATION AND THE WARTIME ADDITIONAL COMPENSATION PREVIOUSLY RECEIVED IN THE UNCLASSIFIED POSITION, AS WOULD BE THE RESULT IF THE INITIAL RATE OF $2,400 PER ANNUM BASIC COMPENSATION WERE FIXED IN GRADE CAF-5 UPON TRANSFER OF THE EMPLOYEES WHOSE CASE IS HERE PRESENTED. IN SUCH A CASE, IF THE SECOND RULE ABOVE STATED BE APPLIED, THERE MUST BE A COMPARISON BETWEEN THE GROSS COMPENSATION PAID IN BOTH POSITIONS. THEREFORE, IT FOLLOWS FROM WHAT HAS JUST BEEN SAID THAT THE EMPLOYEE IN THIS CASE MAY NOT BE PAID INITIALLY AT $2,400 PER ANNUM BASIC COMPENSATION IN GRADE CAF-5.

IN THE UNCLASSIFIED POSTAL SERVICE POSITION, THE EMPLOYEE IN QUESTION RECEIVED $2,100 PER ANNUM BASIC COMPENSATION AND $300 PER ANNUM WARTIME ADDITIONAL COMPENSATION, A TOTAL OF $2,400 PER ANNUM, AND IN THE CLASSIFIED POSITION IN GRADE CAF-5 WITH THE BASIC RATE OF COMPENSATION OF $2,100 PER ANNUM--- THE SAME BASIC RATE OF COMPENSATION RECEIVED IN THE UNCLASSIFIED POSTAL SERVICE POSITION--- HE WOULD RECEIVE TOTAL COMPENSATION OF $2,554.84 FOR A 48-HOUR WORKWEEK, WHICH IS MORE THAN THE TOTAL COMPENSATION HE RECEIVED IN THE UNCLASSIFIED POSTAL SERVICE POSITION, OR MORE THAN $2,400 PER ANNUM (BASIC COMPENSATION PLUS MINIMUM GUARANTEE OF $300 PER ANNUM) IF HE WORKED ONLY 40 HOURS PER WEEK, WHICH IS THE SAME TOTAL COMPENSATION HE RECEIVED IN THE POSTAL SERVICE POSITION FOR A 40-HOUR WORKWEEK. AS IT WOULD BE MORE ADVANTAGEOUS TO THE EMPLOYEE TO MAKE THE COMPARISON BETWEEN THE BASIC RATES OF COMPENSATION OF $2,100 PER ANNUM IN BOTH THE UNCLASSIFIED AND CLASSIFIED POSITIONS, IT IS WITHIN YOUR ADMINISTRATIVE DISCRETION, UNDER THE FIRST RULE ABOVE STATED, TO FIX THE INITIAL SALARY RATE IN GRADE CAF-5 AT NOT TO EXCEED $2,100 PER ANNUM BASIC COMPENSATION.