B-5117, AUGUST 3, 1939, 19 COMP. GEN. 149

B-5117: Aug 3, 1939

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PROHIBITING CHANGE IN CLASSIFICATION OR COMPENSATION AS SPECIFIED THEREIN IN ANY TRANSFER OR PERSONNEL UNDER TITLE I OF THE ACT IS NOT APPLICABLE TO THE TRANSFER OF EMPLOYEES BETWEEN DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT AFTER JULY 1. AN EMPLOYEE WHOSE TRANSFER FROM AN AGENCY INCLUDED IN A REORGANIZATION PLAN TO AN AGENCY NOT SO INCLUDED WAS INITIATED PRIOR TO JULY 1. 1939: I HAVE YOUR LETTER OF JULY 22. THE BRANCH OF BUILDINGS MANAGEMENT IN THE NATIONAL PARK SERVICE OF THIS DEPARTMENT WAS TRANSFERRED ON JULY 1 TO THE FEDERAL WORKS AGENCY. FINAL ACTION ON THE PROPOSED TRANSFER WAS COMPLETED TOO LATE TO RECEIVE APPROVAL BEFORE JULY 1. EXCEPT THAT THIS REQUIREMENT SHALL NOT OPERATE AFTER THE END OF THE FISCAL YEAR DURING WHICH THE TRANSFER IS MADE TO PREVENT THE ADJUSTMENT OF CLASSIFICATION OR COMPENSATION TO CONFORM TO THE DUTIES TO WHICH SUCH TRANSFERRED PERSONNEL MAY BE ASSIGNED.'.

B-5117, AUGUST 3, 1939, 19 COMP. GEN. 149

COMPENSATION - SALARY CHANGES - TRANSFERRED PERSONNEL - OTHER THAN REORGANIZATION PLAN AGENCIES SECTION 10 (B) OF THE REORGANIZATION ACT OF APRIL 3, 1939, 53 STAT. 563, PROHIBITING CHANGE IN CLASSIFICATION OR COMPENSATION AS SPECIFIED THEREIN IN ANY TRANSFER OR PERSONNEL UNDER TITLE I OF THE ACT IS NOT APPLICABLE TO THE TRANSFER OF EMPLOYEES BETWEEN DEPARTMENTS AND ESTABLISHMENTS OF THE GOVERNMENT AFTER JULY 1, 1939, HAVING NO CONNECTION WITH THE REQUIREMENTS OF THE REORGANIZATION ACT, AND AN EMPLOYEE WHOSE TRANSFER FROM AN AGENCY INCLUDED IN A REORGANIZATION PLAN TO AN AGENCY NOT SO INCLUDED WAS INITIATED PRIOR TO JULY 1, 1939, MAY BE TRANSFERRED TO THAT AGENCY SUBSEQUENT TO JULY 1, 1939, AT AN INCREASE IN SALARY.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE INTERIOR, AUGUST 3, 1939:

I HAVE YOUR LETTER OF JULY 22, 1939, AS FOLLOWS:

IN ACCORDANCE WITH THE REORGANIZATION ACT OF APRIL 3, 1939, AND THE PRESIDENT'S REORGANIZATION PLAN NO. I, APPROVED APRIL 25, 1939, THE BRANCH OF BUILDINGS MANAGEMENT IN THE NATIONAL PARK SERVICE OF THIS DEPARTMENT WAS TRANSFERRED ON JULY 1 TO THE FEDERAL WORKS AGENCY. PRIOR TO THE TRANSFER OF THE BRANCH ACTION HAS BEEN INITIATED TO TRANSFER AN EMPLOYEE OF THAT UNIT FROM THE POSITION OF FIREMAN-GUARD AT $1,200 PER ANNUM TO THE POSITION OF ASSISTANT ENGINEER AT $1,680 PER ANNUM IN THE INDIAN SERVICE. FINAL ACTION ON THE PROPOSED TRANSFER WAS COMPLETED TOO LATE TO RECEIVE APPROVAL BEFORE JULY 1.

SECTION 10 (B) OF THE REORGANIZATION ACT READS AS FOLLOWS:

"ANY TRANSFER OF PERSONNEL UNDER THIS TITLE SHALL BE WITHOUT CHANGE IN CLASSIFICATION OR COMPENSATION, EXCEPT THAT THIS REQUIREMENT SHALL NOT OPERATE AFTER THE END OF THE FISCAL YEAR DURING WHICH THE TRANSFER IS MADE TO PREVENT THE ADJUSTMENT OF CLASSIFICATION OR COMPENSATION TO CONFORM TO THE DUTIES TO WHICH SUCH TRANSFERRED PERSONNEL MAY BE ASSIGNED.'

YOUR OPINION IS RESPECTFULLY REQUESTED WHETHER THE TRANSFER ABOVE MENTIONED AT THE INCREASED RATE WOULD BE PROHIBITED BY THE QUOTED PROVISION OF THE REORGANIZATION ACT, SHOULD THE FEDERAL WORKS AGENCY CONSENT TO THE RELEASE OF THE EMPLOYEE.

SECTION 10 (B) OF THE REORGANIZATION ACT OF APRIL 3, 1939, PUBLIC, NO. 19, 53 STAT. 563, IS MADE APPLICABLE ONLY TO "ANY TRANSFER OF PERSONNEL UNDER THIS TITLE" (TITLE 1 OF THE ACT). SAID SECTION HAS NO APPLICATION TO THE TRANSFER OF EMPLOYEES BETWEEN THE DEPARTMENTS OR ESTABLISHMENTS OF THE GOVERNMENT AFTER JULY 1, 1939, HAVING NO CONNECTION WITH THE REQUIREMENTS OF THE REORGANIZATION ACT.