B-59074, JULY 12, 1946, 26 COMP. GEN. 22

B-59074: Jul 12, 1946

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EACH EMPLOYEE WILL RETAIN HIS RELATIVE POSITION IN THE GRADE AND RECEIVE AS BASIC COMPENSATION THE NEW RATE OF COMPENSATION SPECIFIED THEREIN (OLD BASIC RATE PLUS $200 TO MAINTAIN DIFFERENTIALS BETWEEN OTHER GRADES WHICH EXISTED PRIOR TO ADJUSTMENTS UNDER THE ACT OF AUGUST 1. 1946: I HAVE YOUR LETTER OF JULY 9. YOUR ADVICE IS REQUESTED AS TO THE CORRECT SALARY ADJUSTMENTS TO BE MADE IN THE CASE OF THE FOLLOWING CPC-9 EMPLOYEES UNDER THE ARCHITECT OF THE CAPITOL. THE FOLLOWING COMMENTS ARE OFFERED: PUBLIC LAW 694. IF THE EMPLOYEE IS RECEIVING COMPENSATION LESS THAN THE MINIMUM RATE OF THE GRADE OR CLASS THEREOF IN WHICH HIS DUTIES FALL. IF THE EMPLOYEE IS RECEIVING COMPENSATION WITHIN THE RANGE OF SALARY PRESCRIBED FOR THE APPROPRIATE GRADE AT ONE OF THE RATES FIXED THEREIN.

B-59074, JULY 12, 1946, 26 COMP. GEN. 22

FEDERAL EMPLOYEES PAY ACT OF 1946 - CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE, GRADES 9 AND 10 UNDER SUBSECTION (A) AND (B) OF SECTION 12 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, SUBSTITUTING NEW SALARY RANGES FOR GRADES 9 AND 10, RESPECTIVELY, OF THE CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE, EACH EMPLOYEE WILL RETAIN HIS RELATIVE POSITION IN THE GRADE AND RECEIVE AS BASIC COMPENSATION THE NEW RATE OF COMPENSATION SPECIFIED THEREIN (OLD BASIC RATE PLUS $200 TO MAINTAIN DIFFERENTIALS BETWEEN OTHER GRADES WHICH EXISTED PRIOR TO ADJUSTMENTS UNDER THE ACT OF AUGUST 1, 1942, AS INCREASED BY $20 BY SECTION 405 (A) OF THE FEDERAL EMPLOYEES PAY ACT OF 1945) FOR THE SALARY STEP OCCUPIED BY HIM PLUS 14 PERCENT PROVIDED BY SECTION 2 (A) OF THE 1946 ACT COMPUTED UPON SUCH NEW BASIC RATE.

ACTING COMPTROLLER GENERAL YATES TO THE ARCHITECT OF THE CAPITOL, JULY 12, 1946:

I HAVE YOUR LETTER OF JULY 9, 1946, AS FOLLOWS.

YOUR ADVICE IS REQUESTED AS TO THE CORRECT SALARY ADJUSTMENTS TO BE MADE IN THE CASE OF THE FOLLOWING CPC-9 EMPLOYEES UNDER THE ARCHITECT OF THE CAPITOL, PURSUANT TO THE PROVISIONS OF SEC. 2 AND SEC. 12 OF THE " FEDERAL EMPLOYEES PAY ACT OF 1946," PUBLIC LAW 390, 79TH CONGRESS:

CHART

BASIC RATE EMPLOYEE A:

PRO. WITHIN GRADE CPC-9, 10/1/44 FROM $2,800 TO $2,900 P.A.---

PUB. 200, 77 CONG--- SEC. 2 (B).

SALARY. ADJUSTED GRADE CPC-9, 7/1/45 FROM $2,900 TO $3,310 P.A.---

PUB. 106, 79 CONG--- SEC. 405.

UNDER THE PROVISIONS OF SEC. 2 AND SEC. 12 OF PUB. LAW 390, SHOULD THIS EMPLOYEE'S BASIC SALARY BE INCREASED 7/1/46 FROM $3,310 TO $4,024.20 ($3,310 PLUS 220 PLUS $494.20); OR FROM $3,310 TO $3,773.40 ($3,310 PLUS $463.30/?

BASIC RATE EMPLOYEE B:

PRO. WITHIN GRADE CPC-9, 8/1/36 FROM $2,800 TO $2,900 P.A.

SALARY. ADJUSTED GRADE CPC-9, 7/1/45 FROM $2,900 TO $3,310 P.A.--

PUB. 106, 79 CONG--- SEC. 405.

UNDER THE PROVISIONS OF SEC. 2 AND SEC. 12 OF PUB. LAW 390, SHOULD THIS EMPLOYEE'S BASIC SALARY BE INCREASED 7/1/46 FROM $3,310 TO $4,024.20 ($3,310 PLUS $220 PLUS $494.20); OR FROM $3,310 TO $3,773.40 ($3,310 PLUS $463.40/?

BASIC RATE EMPLOYEE C:

PRO. WITHIN GRADE CPC-9, 10/1/44 FROM $2,600 TO $2,700 P.A.--- PUB.

200, 77 CONG.--- SEC. 2 (B).

SALARY. ADJUSTED GRADE CPC-9, 7/1/45 FROM $2,700 TO $3,090 P.A.---

PUB.

106, 79 CONG--- SEC. 405.

PRO. WITHIN GRADE CPC-9, 10/7/45 FROM $3,090 TO $3,200 P.A.--- PUB.

106, 79 CONG--- SEC. 402.

UNDER THE PROVISIONS OF SEC. 2 AND SEC. 12 OF PUB. LAW 390, SHOULD THIS EMPLOYEE'S BASIC SALARY BE INCREASED 7/1/46 FROM $3,200 TO $3,898.80 ($3,200 PLUS $220 PLUS $478.80); OR FROM $3,200 TO $3,648 ($3,200 PLUS $448.00/?

BASIC RATE EMPLOYEE D:

PRO. WITHIN GRADE CPC-9, 10/1/44 FROM $2,400 TO $2,500 P.A.--- PUB.

200, 77 CONG.--- SEC. 2 (B).

SALARY. ADJUSTED GRADE CPC-9, 7/1/45 FROM $2,500 TO $2,870 P.A.---

PUB.

106, 79 CONG--- SEC. 402.

UNDER THE PROVISIONS OF SEC. 2 AND SEC. 12 OF PUB. LAW 390, SHOULD THIS EMPLOYEE'S BASIC SALARY BE INCREASED 7/1/46 FROM $2.980 TO $3,648 ($2,980 PLUS $220 PLUS $448); OR FROM $2,980 TO $3,397.20 ($2,980 PLUS $417.20/?

BASIC RATE EMPLOYEE E:

PRO. WITHIN GRADE CPC-9, 4/1/44 FROM $2,500 TO $2,600 P.A.--- PUB.

200, 77 CONG--- SEC. 2 (B).

SALARY. ADJUSTED GRADE CPC-9, 7/1/45 FROM $2,600 TO $2,980 P.A.---

PUB.

106, 79 CONG--- SEC. 405.

PRO. WITHIN GRADE CPC-9, 8/12/45 FROM $2,980 TO $3,090 P.A.--- PUB.

106, 79 CONG--- SEC. 402.

UNDER THE PROVISIONS OF SEC. 2 AND SEC. 12 OF PUB. LAW 390, SHOULD THIS EMPLOYEE'S BASIC SALARY BE INCREASED 7/1/46 FROM $3,090 TO $3,773.40 ($3,090 PLUS $220 PLUS $463.40); OR FROM $3,090 TO $3,522.60($3,090 PLUS $432.60/?

BASIC RATE EMPLOYEE F:

PRO. WITHIN GRADE CPC-8, 4/1/44 FROM $2,200 TO $2,300 P.A.--- PUB.

200, 77 CONG--- SEC. 2 (B).

PRO. GRD. CPC-8 TO CPC-9, 5/1/44 FROM $2,300 TO $2,300 P.A.

SALARY. ADJUSTED GRADE CPC/9, 7/1/45 FROM $2,300 TO $2,650 P.A.--

PUB. 106, 79 CONG--- SEC. 405.

PRO. WITHIN GRADE CPC-9, 7/1/45 FROM $2,650 TO $2,760 P.A.---

PUB. 106, 79 CONG--- SEC. 402.

UNDER THE PROVISIONS OF SEC. 2 AND SEC. 12 OF PUB. LAW 390, SHOULD THIS EMPLOYEE'S BASIC SALARY BE INCREASED 7/1/46 FROM $2,760 TO $3,397.20 ($2,760 PLUS $220 PLUS $417.20); OR FROM $2,760 TO $3,146.40 ($2,760 PLUS $386.40/?

THE FOLLOWING COMMENTS ARE OFFERED:

PUBLIC LAW 694, 77 CONGRESS, APPROVED AUGUST 1, 1942, IN CHANGING THE "CUSTODIAL" SERVICE TO THE "1CRAFTS, PROTECTIVE, AND CUSTODIAL" SERVICE AND ESTABLISHING NEW SALARY RANGES FOR GRADES CPC-1 TO CPC-8 INCLUSIVE, PROVIDED IN SEC. 3, IN PERTINENT PART, AS FOLLOWS:

"1SEC. 3. IN ADJUSTING INITIALLY THE RATES OF PAY OF EMPLOYEES AFFECTED BY THE PROVISIONS OF THIS ACT, THE RULES PRESCRIBED BY SECTION 6 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, SHALL GOVERN: * * *.'

RULES 2 AND 3 OF SECTION 6 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, PROVIDE AS FOLLOWS:

"1SEC. 6. * * *

"2. IF THE EMPLOYEE IS RECEIVING COMPENSATION LESS THAN THE MINIMUM RATE OF THE GRADE OR CLASS THEREOF IN WHICH HIS DUTIES FALL, THE COMPENSATION SHALL BE INCREASED TO THAT MINIMUM RATE.

"3. IF THE EMPLOYEE IS RECEIVING COMPENSATION WITHIN THE RANGE OF SALARY PRESCRIBED FOR THE APPROPRIATE GRADE AT ONE OF THE RATES FIXED THEREIN, NO CHANGE SHALL BE MADE IN THE EXISTING COMPENSATION.'

THE FOLLOWING STATEMENTS ARE QUOTED FROM HOUSE REPORT 1834, 79TH CONGRESS, (PAGES 16 AND 17), ACCOMPANYING THE FEDERAL EMPLOYEES PAY ACT OF 1946 AS REPORTED IN THE HOUSE APRIL 1, 1946:

"* * * TO RESTORE THE RELATIONS WHICH FORMERLY EXISTED BETWEEN THE GRADES INVOLVED REQUIRES ADDING $220 TO THE RATES OF GRADES CPC-9 AND CPC-10. THIS IS THE SUM OF (A) $200 ADDITIONAL THAT WOULD HAVE BEEN NECESSARY IN 1942 TO MAINTAIN THE LONG-EXISTING DIFFERENTIALS BETWEEN THESE GRADES, AND (B) $20 REPRESENTING THE EFFECT OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. THIS IS DONE BY SUBSECTION (A) AND (B) OF SECTION 12 OF THE BILL, WHICH ESTABLISH THE FOLLOWING MINIMUM AND MAXIMUM RATES: CPC-9, $2,870-$3,530; AND CPC-10, $3,200-$3,860.

"IT SEEMS TO THE COMMITTEE THAT SINCE THE $220 INCREASE IT PROPOSES FOR CPC-9 AND CPC-10 IS ESSENTIALLY A CORRECTION OF THE 1942 LAW, THE GENERAL RULE APPLIED TO ALL OTHER INCREASES UNDER THAT LAW SHOULD ALSO APPLY TO THIS INCREASE.

"THE EFFECT IS THAT THOSE IN CPC-9 AND CPC-10, WHO WILL RECEIVE AN INCREASE OF $220 * * *, WILL WAIT A PERIOD OF 1 YEAR, UNDER EXISTING LAW, BEFORE BECOMING ELIGIBLE FOR A WITHIN-GRADE SALARY ADVANCEMENT.'

IT IS NOTED THAT PUBLIC LAW 694, 77TH CONGRESS, APPROVED AUGUST 1, 1942 SPECIFIED THAT IN MAKING ADJUSTMENTS UNDER THAT ACT, THE RULES PRESCRIBED BY SECTION 6 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, SHOULD GOVERN.

IT IS ALSO NOTED THAT CERTAIN OTHER ACTS HAVE CONTAINED SPECIAL PROVISIONS GOVERNING SALARY ADJUSTMENTS UNDER THE CLASSIFICATION ACT-- VIZ: PUBLIC LAW 555, 70TH CONGRESS, AND PUBLIC LAW 523, 71ST CONGRESS.

PUBLIC LAW 555, 70TH CONGRESS, PROVIDED IN PERTINENT PART:

"THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT WHOSE DUTY IT IS TO CARRY INTO EFFECT THE PROVISIONS OF THIS ACT ARE HEREBY DIRECTED TO SO ADMINISTER THE SAME THAT THE POSITIONS AND EMPLOYEES AFFECTED HEREIN SHALL RETAIN IN THE CLASSIFICATION SCHEDULES HEREIN PROVIDED THE SAME RELATIVE POSITION OR POSITIONS WITHIN THEIR RESPECTIVE GRADES AS THEY HOLD AT THE TIME THIS LAW GOES INTO EFFECT * * *.'

PUBLIC LAW 523, 71ST CONGRESS, PROVIDED IN PERTINENT PART:

"THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS OF THE GOVERNMENT WHOSE DUTY IT IS TO CARRY INTO EFFECT THE PROVISIONS OF THIS ACT ARE HEREBY DIRECTED TO SO ADMINISTER THE SAME THAT EMPLOYEES WHOSE POSITIONS ARE IN THE GRADES AFFECTED HEREBY, WHO WERE IN SAID POSITIONS ON JUNE 30, 1938, AND WHO, UNDER THE ACT OF MAY 28, 1928 (1U.S.C., SUPP. 3, TITLE 5, SEC. 673), DID NOT RECEIVE AN INCREASE IN SALARY THE EQUIVALENT OF TWO STEPS OR SALARY RATES IN THEIR RESPECTIVE GRADES SHALL BE GIVEN SUCH ADDITIONAL STEP OR STEPS OR SALARY RATE OR RATES, WITHIN THE GRADE, AS MAY BE NECESSARY TO EQUAL SUCH INCREASE: * *

ALTHOUGH SECTION 12 OF PUBLIC LAW 390, 79TH CONGRESS, IS AN AMENDMENT OF SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, IT CONTAINS NO SPECIFIC PROVISION WITH REGARD TO THE MAKING OF SALARY ADJUSTMENTS, SUCH AS CONTAINED IN THE ABOVE-CITED LAWS ( PUB. 694, PUB. 55, PUB. 523).

IF IT WAS THE INTENT OF CONGRESS THAT THE SALARY ADJUSTMENTS UNDER PUBLIC LAW 390 SHOULD BE MADE IN ACCORDANCE WITH SECTION 6 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, THEN IT IS APPRECIATED THAT IN EACH OF THE CASES SUBMITTED BY THIS OFFICE FOR ADVICE, THE LESSER OF THE TWO AUGMENTED SALARY RATES SHOWN WILL OBTAIN.

ON THE OTHER HAND, IF IT WAS THE INTENT OF CONGRESS TO CORRECT THE 1942 LAW TO THE EXTENT OF PERMITTING EMPLOYEES TO MAINTAIN THE SAME RELATIVE POSITION OR POSITIONS WITHIN THEIR RESPECTIVE GRADES AS THEY HELD AT THE TIME PUBLIC LAW 390 WENT INTO EFFECT--- PARTICULARLY THOSE EMPLOYEES WHO HAD BEEN AT THE TOP OF THEIR GRADE FOR A NUMBER OF YEARS -- THEN IT IS ASSUMED THAT THE GREATER OF THE TWO AUGMENTED SALARY RATES SHOWN WILL OBTAIN.

SECTION 12 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, PUBLIC LAW 390, 60 STAT. 219, PROVIDES:

SEC. 12. (A) SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, IS HEREBY FURTHER AMENDED BY STRIKING OUT THE SECOND PARAGRAPH RELATING TO GRADE 9 OF THE CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE AND SUBSTITUTING THEREFOR THE FOLLOWING:

"THE ANNUAL RATES OF COMPENSATION FOR POSITIONS IN THIS GRADE SHALL BE $2,870, $2,980, $3,090, $3,200, $3,310, $3,420, AND $3,530.'

(B) SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, IS HEREBY FURTHER AMENDED BY STRIKING OUT THE SECOND PARAGRAPH RELATING TO GRADE 10 OF THE CRAFTS, PROTECTIVE, AND CUSTODIAL SERVICE AND SUBSTITUTING THEREFOR THE FOLLOWING:

"THE ANNUAL RATES OF COMPENSATION FOR POSITIONS IN THIS GRADE SHALL BE $3,200, $3,310, $3,420, $3,530, $3,640, $3,750, AND $3,860.'

(C) WITH RESPECT TO GRADES 9 AND 10 OF THE CRAFTS, PROTECTIVE, AND CUSTODIAL $SERVICE, THE INCREASE IN RATES OF BASIC COMPENSATION PROVIDED BY SECTION 2 OF THIS ACT SHALL BE COMPUTED ON THE RATES OF BASIC COMPENSATION ESTABLISHED FOR SUCH GRADES, AS AMENDED BY SUBSECTIONS (A) AND (B) OF THIS SECTION.

SAID SECTION 12 SUBSTITUTES NEW SALARY RATES FOR EACH STEP IN THE GRADES CPC-9 AND 10, AND THE EXCERPT FROM THE HOUSE REPORT QUOTED IN YOUR SUBMISSION INDICATES THAT IT WAS THE INTENTION TO GIVE EACH EMPLOYEE AFFECTED AN INCREASE IN BASE PAY OF $220, WHICH REPRESENTS THE DIFFERENCE BETWEEN THE SALARY RATES IN EACH STEP IN THOSE GRADES AS INCREASED BY THE 1945 PAY ACT AND THE NEW BASE RATES ESTABLISHED BY SAID SECTION 12, BEFORE APPLYING THE 14 PERCENT INCREASE. THAT IS TO SAY, EACH EMPLOYEE WILL RETAIN HIS RELATIVE POSITION IN THE GRADE AND RECEIVE AS BASIC PAY THE NEW RATE OF COMPENSATION FOR THE SALARY STEP OCCUPIED BY HIM PLUS 14 PERCENT COMPUTED UPON THE NEW BASIC RATE, AS ILLUSTRATED IN THE FIRST ALTERNATE COMPUTATION IN EACH OF THE EXAMPLES SET OUT IN YOUR SUBMISSION.

RULES NOS. 2 AND 3 QUOTED BY YOU FROM SECTION 6 OF THE CLASSIFICATION ACT OF 1923, 42 STAT. 1490, AS AMENDED, 56 STAT. 735, WERE STATED IN SAID SECTION 6 AS RULES FOR USE "IN DETERMINING THE COMPENSATION TO BE ESTABLISHED INITIALLY FOR THE SEVERAL EMPLOYEES," THAT IS, THE INITIAL SALARY RATE WHEN FIRST COVERED INTO THE CLASSIFIED GRADES, AND HAVE NO APPLICATION IN THE PRESENT SITUATION INVOLVING EMPLOYEES ALREADY IN THE CLASSIFIED GRADES IN QUESTION.