B-7205, DECEMBER 6, 1939, 19 COMP. GEN. 564

B-7205, DECEMBER 6, 1939, 19 COMP. GEN. 564

COMPENSATION AND CLASSIFICATION CHANGES - TRANSFERRED REORGANIZATION PLAN PERSONNEL - CHANGED DUTIES, ETC., WITHOUT CHANGED TITLE OR COMPENSATION - PAY-ROLL NOTATIONS A PER DIEM EMPLOYEE OF AN AGENCY WHICH WAS TRANSFERRED FROM ONE DEPARTMENT TO ANOTHER AS A RESULT OF THE REORGANIZATION ACT OF 1939, WHO, AFTER THE AGENCY'S TRANSFER, WAS TRANSFERRED FROM ONE PLACE TO ANOTHER AND ASSIGNED TO THE DUTIES OF A POSITION CLASSIFIED IN A GRADE TO WHICH A PER ANNUM RATE APPLIES, MAY NOT BE ASSIGNED TO SAID GRADE AND GRANTED THE SALARY THEREOF PRIOR TO JULY 1, 1940, IN VIEW OF THE PROHIBITORY COMPENSATION AND CLASSIFICATION CHANGE PROVISIONS OF SECTION 10 (B) OF THE REORGANIZATION ACT, BUT HE MAY BE CARRIED ON THE PER ANNUM ROLL AT THE PLACE TO WHICH TRANSFERRED, WITH THE TITLE HELD, AND AT THE SAME PER DIEM RATE PAID, BEFORE THE TRANSFER, AND ANY NOTATION ON THE PAY ROLL WHICH WILL INDICATE THAT THE PER DIEM RATE OF COMPENSATION IS CONTINUED BY REASON OF SECTION 10 (B), WILL SUFFICE FOR PAY-ROLL INFORMATION PURPOSES.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE SECRETARY OF THE TREASURY, DECEMBER 6, 1939:

I HAVE YOUR LETTER OF NOVEMBER 16, 1939, AS FOLLOWS:

PRIOR TO THE CONSOLIDATION OF THE BUREAU OF LIGHTHOUSES, COMMERCE DEPARTMENT, WITH THE COAST GUARD, TREASURY DEPARTMENT, EFFECTIVE JULY 1, 1939, AS THE RESULT OF REORGANIZATION ACT OF 1939, CIVILIAN KENNETH J. WHISE WAS EMPLOYED BY THE BUREAU OF LIGHTHOUSES AS A RADIO CONSTRUCTOR, AT $6.88 PER DIEM, AT BALTIMORE, MD. MR. WHISE, TOGETHER WITH THE OTHER EMPLOYEES OF THE BUREAU OF LIGHTHOUSES, WAS TRANSFERRED TO THE COAST GUARD ON JULY 1, 1939, AT HIS PREVIOUS TITLE AND RATE OF PAY.

ON JUNE 23, 1939, THE BUREAU OF LIGHTHOUSES PREPARED A CLASSIFICATION SHEET FOR A NEW POSITION, WITH THE TITLE OF SENIOR RADIO ELECTRICIAN, GRADE SP-6, ENTRANCE SALARY $2,000 PER ANNUM. THIS POSITION WAS TO BE FILLED, AS STATED ON THE SHEET, BY MR. KENNETH J. WHISE, AND SAID CLASSIFICATION SHEET WAS APPROVED BY THE CIVIL SERVICE COMMISSION UNDER DATE OF AUGUST 8, 1939, ACTION NO. 47973, THE DUTIES INDICATED THEREON TO BE PERFORMED AT WASHINGTON, D.C. UNDER APPROPRIATE ORDERS, MR. WHISE WAS PERMANENTLY TRANSFERRED FROM BALTIMORE, MD., TO WASHINGTON, .C., EFFECTIVE AT THE CLOSE OF BUSINESS OCTOBER 8, 1939, AND ASSIGNED TO THE GRADE SP-6 POSITION HEREINBEFORE MENTIONED.

AS SECTION 10 (B) OF THE REORGANIZATION ACT OF 1939 PROHIBITED CHANGE IN CLASSIFICATION OR COMPENSATION DURING THE PRESENT FISCAL YEAR OF EMPLOYEES TRANSFERRED UNDER THAT ACT, IT IS MY UNDERSTANDING THAT THE ABOVE- MENTIONED ACT, AND YOUR DECISION B-5212 OF AUGUST 22, 1939, TO THE FEDERAL SECURITY ADMINISTRATOR, FEDERAL SECURITY ADMINISTRATION, PROHIBIT THE ASSIGNMENT OF THE AFOREMENTIONED GRADE SP 6, AND THE GRANTING OF THE ENTRANCE SALARY THEREOF PRIOR TO JULY 1, 1940, TO MR. WHISE, WHO WAS TRANSFERRED FROM THE POSITION OF RADIO CONSTRUCTOR AT BALTIMORE TO THE POSITION OF SENIOR RADIO ELECTRICIAN AUTHORIZED BY THE CIVIL SERVICE COMMISSION IN ITS CERTIFICATE NO. Z23073 AS OF OCTOBER 2, 1939.

IN VIEW OF THE FOREGOING, IT IS REQUESTED THAT YOU ADVISE AS TO WHETHER IT WILL BE PROPER TO CARRY MR. WHISE ON THE COAST GUARD HEADQUARTERS PER ANNUM PAY ROLL, WITH THE SAME TITLE AND AT THE SAME PER DIEM RATE THAT HE WAS CARRIED ON THE PAY ROLL PRIOR TO OCTOBER 9, 1939, AT BALTIMORE, MD. IN YOUR REPLY, IT IS ALSO REQUESTED THAT YOU INFORM THE DEPARTMENT AS TO THE APPROPRIATE NOTATION TO BE MADE ON THE PAY ROLL IN THIS CONNECTION. FOR YOUR INFORMATION, IN HIS POSITION AT BALTIMORE, MD., MR. WHISE WAS ON A 5- DAY, 40-HOUR WEEK BASIS.

IN DECISION OF AUGUST 23, 1939, 19 COMP. GEN. 257, IT WAS HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

VACANCIES OCCURRING IN POSITIONS OF THE WORK PROJECTS ADMINISTRATION OF THE FEDERAL WORKS AGENCY MAY BE FILLED, DURING THE FISCAL YEAR 1940, BY ASSIGNMENT OF EMPLOYEES FROM ONE POSITION TO ANOTHER, BUT THE FISCAL YEAR 1940 PROHIBITORY PERSONNEL COMPENSATION AND CLASSIFICATION CHANGE PROVISIONS OF SECTION 10 (B) OF THE REORGANIZATION ACT OF 1939, 53 STAT. 563, REQUIRE THAT ANY CHANGE IN CLASSIFICATION OR COMPENSATION BE NOT EFFECTIVE UNTIL JULY 1, 1940.

THE RULE WAS SIMILARLY STATED IN DECISION OF AUGUST 22, 1939, B 5212, 19 COMP. GEN. 237, CITED BY YOU, AND, ALSO, IN DECISION OF OCTOBER 28, 1939, B-5212, 19 COMP. GEN. 461.

ACCORDINGLY, YOUR UNDERSTANDING AS STATED IN THE THIRD PARAGRAPH OF YOUR LETTER IS CORRECT, NAMELY, THAT SECTION 10 (B) OF THE REORGANIZATION ACT PROHIBITS THE ASSIGNMENT OF GRADE SP-6 AND THE GRANTING OF THE ENTRANCE SALARY THEREOF TO MR. WHISE PRIOR TO JULY 1, 1940. IT WILL BE PROPER TO CARRY HIM ON THE COAST GUARD HEADQUARTERS PER ANNUM PAY ROLL WITH THE SAME TITLE HELD, AND AT THE SAME PER DIEM RATE PAID HIM, PRIOR TO OCTOBER 9, 1939, AT BALTIMORE, MARYLAND. ANY NOTATION ON THE PAY ROLL WHICH WILL INDICATE THAT THE PER DIEM RATE OF COMPENSATION IS CONTINUED BY REASON OF SECTION 10 (B) OF THE REORGANIZATION ACT, OR A REFERENCE TO THIS DECISION, WILL SUFFICE.