B-70323, OCTOBER 31, 1947, 27 COMP. GEN. 262

B-70323, OCTOBER 31, 1947, 27 COMP. GEN. 262

COMPENSATION - WAGE BOARD EMPLOYEES - WAGE ADJUSTMENT AS CONSTITUTING ALLOCATION OR REALLOCATION CHANGES IN JOB DESCRIPTION OR DESIGNATION MADE BY WAGE BOARDS OR OTHER WAGE-FIXING AUTHORITY IN FIXING AND ADJUSTING WAGES OF CERTAIN EMPLOYEES TO ACCORD WITH WAGES PAID LOCALLY IN PRIVATE INDUSTRY ARE NOT TO BE REGARDED AS AN ALLOCATION OF POSITIONS TO HIGHER GRADES OR THE CREATION OF NEW POSITIONS WITHIN THE MEANING OF SECTION 400 OF THE SECOND DEFICIENCY APPROPRIATION ACT, 1947, PROHIBITING THE USE OF APPROPRIATIONS FOR PERSONAL SERVICES TO PAY ANY INCREASED COSTS RESULTING FROM THE ALLOCATION OR REALLOCATION OF POSITIONS OR THE CREATION OF NEW POSITIONS, SO THAT WAGE INCREASES RESULTING THEREFROM MAY BE PLACED IN EFFECT WITHOUT REGARD THERETO.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF THE TREASURY, OCTOBER 31, 1947:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 8, 1947, IN WHICH YOU REQUEST DECISION WHETHER SECTION 400 OF THE SECOND DEFICIENCY APPROPRIATION ACT OF 1947, PUBLIC LAW 76, 80TH CONGRESS, APPROVED MAY 26, 1947, 61 STAT. 118, PROHIBITS THE PLACING IN EFFECT OF CERTAIN INCREASES (INCLUDING INCREASE IN NIGHT DIFFERENTIAL) RECOMMENDED BY THE TREASURY DEPARTMENT WAGE BOARD FOR CERTAIN FIELD EMPLOYEES OF THE BUREAU OF THE MINT WHOSE WAGES ARE ADJUSTED FROM TIME TO TIME TO ACCORD WITH WAGES PAID LOCALLY IN INDUSTRY FOR SIMILAR WORK. YOUR DOUBT IN THE MATTER APPEARS TO ARISE BECAUSE OF THE STATED VIEW OF YOUR DEPARTMENT THAT THE WORDS,"ALLOCATION OR REALLOCATION," APPEARING IN THAT SECTION PRIMARILY HAVE REFERENCE TO POSITIONS UNDER THE CLASSIFICATION ACT, 42 STAT. 1488, AS AMENDED, IT NOT BEING CLEAR TO YOU THAT CONGRESS INTENDED TO STULTIFY LONG-ESTABLISHED WAGE BOARD PROCEDURES.

YOU CALL ATTENTION TO THE FACT "THAT THE WAGE BOARD RECOMMENDATION IS BASED UPON A REEXAMINATION OF THE JOB DESCRIPTIONS OF THE EMPLOYEES IN QUESTION, A REWRITING OF THOSE DESCRIPTIONS IN NUMEROUS CASES, AND A CHANGE IN THE DESIGNATIONS OF CERTAIN JOBS.'

SECTION 400 OF THE REFERRED-TO STATUTE PROVIDES:

SEC. 400. NO APPROPRIATION OR FUND MADE AVAILABLE BY THIS OR ANY OTHER APPROPRIATION ACT TO THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS, INCLUDING CORPORATIONS, FOR PERSONAL SERVICES SHALL BE AVAILABLE TO PAY ANY INCREASED COST RESULTING FROM THE ALLOCATION OR REALLOCATION HEREAFTER OF A POSITION TO A HIGHER GRADE, OR RESULTING FROM THE CREATION OF A NEW POSITION, IF SUCH INCREASED COST WOULD RESULT IN AN INCREASE IN THE TOTAL OBLIGATIONS ON AN ANNUAL BASIS UNDER SUCH APPROPRIATION OR FUND: PROVIDED, THAT THIS PROHIBITION SHALL NOT APPLY TO THE INITIAL CREATION OF POSITIONS TO CARRY OUT NEW PROGRAMS OR FUNCTIONS FOR WHICH SPECIFIC APPROPRIATIONS ARE MADE AVAILABLE.

WHILE, DURING THE LEGISLATIVE CONSIDERATION OF THAT SECTION, CONGRESSIONAL DEBATE LARGELY WAS CONCERNED WITH POSITION UNDER THE CLASSIFICATION ACT OF 1923, AS AMENDED, A STUDY OF THAT HISTORY FAILS TO DISCLOSE ANYTHING IN THE CONGRESSIONAL DEBATES, THE COMMITTEE REPORTS, OR ELSEWHERE, WHICH WOULD INDICATE AN INTENT TO CONFINE THE APPLICATION OF THE PROVISIONS OF THAT SECTION SOLELY TO POSITIONS WHICH ARE REQUIRED TO BE CLASSIFIED IN ACCORDANCE WITH THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED. THAT SECTION IS BROAD ENOUGH TO COVER ALL POSITIONS IN THE EXECUTIVE DEPARTMENTS AND ESTABLISHMENTS REGARDLESS OF THE BASIC STATUTORY AUTHORITY PURSUANT TO WHICH SUCH POSITIONS ARE CLASSIFIED OR GRADED. HOWEVER, WHERE WAGES ARE ADJUSTED FROM TIME TO TIME AS THE RESULT OF THE ACTION OF A WAGE BOARD OR OTHER WAGE FIXING AUTHORITY TO ACCORD WITH WAGES PAID LOCALLY IN PRIVATE INDUSTRY FOR SIMILAR WORK AND, IN THE PROCESS OF FIXING SUCH WAGES, IT IS DETERMINED THAT THE JOB DESCRIPTIONS OF SOME EMPLOYEES ARE TO BE REWRITTEN TO DESCRIBE DUTIES ACTUALLY PERFORMED AND A CHANGE IS MADE IN THE DESIGNATION OF CERTAIN JOBS, SUCH CHANGES IN JOB DESCRIPTION OR DESIGNATION ARE NOT REQUIRED TO BE REGARDED AS AN ALLOCATION OR REALLOCATION OF POSITIONS TO HIGHER GRADES OR THE CREATION OF NEW POSITIONS WITHIN THE MEANING OF SECTION 400, SUPRA. RATHER, THEY ARE TO BE REGARDED AS PART OF THE ORDINARY FUNCTION OF WAGE FIXING UNDER THE WAGE BOARD PROCEDURE. I FIND NO INDICATION IN THAT SECTION OR ITS LEGISLATIVE HISTORY OF ANY CONGRESSIONAL INTENTION TO AFFECT IN ANY WAY THE WAGE BOARD PROCEDURE FOR FIXING AND ADJUSTING THE WAGES OF CERTAIN GOVERNMENT EMPLOYEES TO CORRESPOND TO THE WAGES PAID PERSONS ENGAGED TO DO SIMILAR WORK IN PRIVATE INDUSTRY.

SPECIFICALLY, I FIND NOTHING IN SECTION 400, SUPRA, WHICH PROHIBITS THE PLACING IN EFFECT OF THE WAGES PROPOSED IN THE WAGE BOARD RECOMMENDATIONS FOR CERTAIN FIELD EMPLOYEES OF THE BUREAU OF THE MINT.