B-4758, JULY 18, 1939, 19 COMP. GEN. 71

B-4758: Jul 18, 1939

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IF THEIR EMPLOYMENT IS OF THE TYPE EXCEPTED FROM CLASSIFICATION BY SECTION 5 OF THE CLASSIFICATION ACT OF 1923. THEIR SCHEDULE OR RATE OF PAY IS NOT OTHERWISE FIXED BY LAW OR REGULATIONS. QUALIFIED EMPLOYEES RESIDING ELSEWHERE IN THE TERRITORY OR IN THE STATES ARE RELUCTANT TO ACCEPT EMPLOYMENT. AS THE DURATION OF THE JOB IS APPROXIMATELY FOUR MONTHS. THE TYPE OF EMPLOYMENT ON WHICH THERE IS A SHORTAGE IS EXCEPTED FROM CLASSIFICATION BY SECTION 5 OF THE CLASSIFICATION ACT OF 1923. IT IS BELIEVED THAT THE DIFFICULTY IN OBTAINING THE NECESSARY SKILLED TRADESMEN CAN BE OVERCOME IF TRANSPORTATION TO AND FROM THE WORK CAN BE PAID AND IT IS PROPOSED TO ENTER INTO AN AGREEMENT WITH PROSPECTIVE EMPLOYEES TO ALLOW TRANSPORTATION TO AND FROM THE WORK AS PART OF THEIR AGREED COMPENSATION.

B-4758, JULY 18, 1939, 19 COMP. GEN. 71

TRANSPORTATION - TO AND FROM PLACE OF WORK - ALASKAN SKILLED TRADESMEN ALLOWANCE OF TRANSPORTATION TO AND FROM PLACE OF WORK FOR SKILLED TRADESMEN EMPLOYED FOR ALASKAN CONSTRUCTION WORK MAY BE PROVIDED FOR AS PART OF THEIR AGREED COMPENSATION BY CONTRACT OF EMPLOYMENT, OR APPROPRIATE REGULATION, IF THEIR EMPLOYMENT IS OF THE TYPE EXCEPTED FROM CLASSIFICATION BY SECTION 5 OF THE CLASSIFICATION ACT OF 1923, AND THEIR SCHEDULE OR RATE OF PAY IS NOT OTHERWISE FIXED BY LAW OR REGULATIONS.

COMPTROLLER GENERAL BROWN TO THE SECRETARY OF THE INTERIOR, JULY 18, 1939:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 1, 1939, AS FOLLOWS:

A SERIOUS SITUATION CONFRONTS THE DEPARTMENT ON CONSTRUCTION WORK IN THE INDIAN SERVICE IN ALASKA DUE TO THE FACT THAT QUALIFIED EMPLOYEES IN SKILLED TRADES CANNOT BE FOUND WITHIN THE AREAS OF THE CONSTRUCTION WORK TO BE DONE IN THE TERRITORY. QUALIFIED EMPLOYEES RESIDING ELSEWHERE IN THE TERRITORY OR IN THE STATES ARE RELUCTANT TO ACCEPT EMPLOYMENT, AS THE DURATION OF THE JOB IS APPROXIMATELY FOUR MONTHS, WITHOUT SOME ASSURANCE THAT TRANSPORTATION TO AND FROM THE WORK WOULD BE PAID BY THE GOVERNMENT. IN THE ANNUAL APPROPRIATION ACTS FOR THIS DEPARTMENT THE CONGRESS HAS MADE PROVISION FOR PAYING TRAVELING EXPENSES OF NEW APPOINTEES FROM SEATTLE, WASHINGTON, TO THEIR POSTS OF DUTY IN ALASKA. HOWEVER, NO STATUTORY PROVISION EXISTS FOR RETURN TRANSPORTATION.

THE TYPE OF EMPLOYMENT ON WHICH THERE IS A SHORTAGE IS EXCEPTED FROM CLASSIFICATION BY SECTION 5 OF THE CLASSIFICATION ACT OF 1923. SEE 4 C.G. 900. IT IS BELIEVED THAT THE DIFFICULTY IN OBTAINING THE NECESSARY SKILLED TRADESMEN CAN BE OVERCOME IF TRANSPORTATION TO AND FROM THE WORK CAN BE PAID AND IT IS PROPOSED TO ENTER INTO AN AGREEMENT WITH PROSPECTIVE EMPLOYEES TO ALLOW TRANSPORTATION TO AND FROM THE WORK AS PART OF THEIR AGREED COMPENSATION. PLEASE SEE IN THIS CONNECTION 5 C.G. 274. THE FACT THAT THESE EMPLOYEES WOULD BE EXCEPTED FROM CLASSIFICATION APPEARS TO PLACE THEM IN A GROUP WHICH WOULD PERMIT THE FIXING OF THEIR COMPENSATION TO INCLUDE THE ITEM OF TRANSPORTATION, 13 C.G. 390.

IN CONNECTION WITH THE EMPLOYMENT OF THOSE WHO MAY BE AVAILABLE AND HAVE THE NECESSARY QUALIFICATIONS AT THE NEAREST POINT TO THE WORK WHETHER IN ALASKA OR THE STATES YOUR DECISION IS RESPECTFULLY REQUESTED WHETHER THERE WOULD BE OBJECTION RAISED TO THE PAYMENT, BY THE GOVERNMENT, OF TRANSPORTATION TO AND FROM THE JOB, OF THE SKILLED TRADESMEN REFERRED TO ABOVE.

IF THE EMPLOYEES TO WHICH YOU REFER ARE IN FACT EMPLOYEES IN SKILLED TRADES, WHOSE EMPLOYMENT IS OF THE TYPE EXCEPTED FROM CLASSIFICATION BY SECTION 5 OF THE CLASSIFICATION ACT OF 1923, AND IF THEIR SCHEDULE OR RATE OF PAY IS NOT OTHERWISE FIXED BY LAW OR REGULATIONS, THERE WOULD APPEAR TO BE NO LEGAL OBJECTION TO PROVIDING BY THE CONTRACTS OF EMPLOYMENT OR BY APPROPRIATE REGULATION FOR ALLOWANCE OF TRANSPORTATION TO AND FROM PLACE OF WORK AS PART OF THEIR AGREED COMPENSATION. 5 COMP. GEN. 274.