B-7684, JANUARY 8, 1940, 19 COMP. GEN. 630

B-7684, JANUARY 8, 1940, 19 COMP. GEN. 630

COMPENSATION CHANGES - TRANSFERRED REORGANIZATION PLAN PERSONNEL - PART TIME HOURLY EMPLOYEES PLACED UPON FULL-TIME PER ANNUM BASIS THE FISCAL YEAR 1940 PROHIBITORY PERSONNEL COMPENSATION AND CLASSIFICATION CHANGE PROVISIONS OF SECTION 10 (B) OF THE REORGANIZATION ACT OF 1939, 53 STAT. 563, DO NOT PROHIBIT THE EMPLOYMENT UPON A FULL-TIME BASIS--- WITH PAYMENT OF THE MINIMUM SALARY RATE PER ANNUM OF THE CLASSIFICATION ACT GRADE INVOLVED--- OF PART-TIME CHARWOMEN OF THE PUBLIC BUILDINGS ADMINISTRATION OF THE FEDERAL WORKS AGENCY WHO ARE NOW PAID ON AN HOURLY BASIS AT THE RATE REQUIRED BY SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE FEDERAL WORKS ADMINISTRATOR, JANUARY 8, 1940:

I HAVE YOUR LETTER OF DECEMBER 19, 1939, AS FOLLOWS:

IN CONNECTION WITH THE ADMINISTRATION OF A NUMBER OF FEDERAL-OWNED BUILDINGS OUTSIDE OF THE DISTRICT OF COLUMBIA, THE PUBLIC BUILDINGS ADMINISTRATION OF THIS AGENCY HAS IN ITS EMPLOY AT THE PRESENT TIME A NUMBER OF CHARWOMEN WHO ARE PAID AT THE RATE OF $0.50 PER HOUR FOR AN AVERAGE WEEK OF 29 HOURS. IT IS NOW DESIRED TO EMPLOY SUCH CHARWOMEN AS LABORERS ON A 44-HOUR WEEK AT A SALARY OF $1,080 PER ANNUM. THE EMPLOYMENT OF CHARWOMEN IN THE STATUS OF LABORER AT $1,080 PER ANNUM WILL NOT MATERIALLY INCREASE THE MAINTENANCE COST, AS THE EXTENSION OF HOURS OF SUCH EMPLOYEES AS LABORERS WILL PERMIT REDUCTION OF A NUMBER OF POSITIONS WHICH ARE NOW NECESSARY BECAUSE OF THE 29-HOUR WEEK.

YOUR OPINION IS RESPECTFULLY REQUESTED AS TO WHETHER SEC. 10 (B) OF THE REORGANIZATION ACT WILL PERMIT THE EMPLOYMENT OF THE PRESENT CHARWOMEN AS LABORERS FOR A 44-HOUR WEEK AT A COMPENSATION OF $1,080 PER ANNUM.

SECTION 10 (B) OF THE REORGANIZATION ACT OF APRIL 3, 1939, 53 STAT. 563, PROVIDES 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.

SECTION 13 OF THE CLASSIFICATION ACT OF 1923, AS AMENDED BY THE ACT OF JULY 3, 1930, 46 STAT. 1004, PROVIDES IN PART AS FOLLOWS:

CUSTODIAL SERVICE

GRADE 2. THE ANNUAL RATE OF COMPENSATION FOR POSITIONS IN THIS GRADE SHALL BE $1,080, $1,140, $1,200, $1,260, $1,320, AND $1,380: PROVIDED, THAT CHARWOMEN WORKING PART TIME BE PAID AT THE RATE OF 50 CENTS AN HOUR AND HEAD CHARWOMEN AT THE RATE OF 55 CENTS AN HOUR.

IN DECISION OF OCTOBER 28, 1939, 19 COMP. GEN. 461, 462, IT WAS HELD, QUOTING FROM THE SYLLABUS SO FAR AS HERE MATERIAL, AS FOLLOWS:

THE * * * PROVISIONS OF SECTION 10 (B) OF THE REORGANIZATION ACT OF 1939, 53 STAT. 563, DO NOT PREVENT CHANGES IN THE AMOUNT OF ANNUAL PART-TIME COMPENSATION CORRESPONDING TO THE INCREASE OR DECREASE IN THE SERVICES REQUIRED OF "PART-TIME" PHYSICIANS OF THE PUBLIC HEALTH SERVICE IF THEIR CLASSIFICATION ACT GRADES ARE NOT CHANGED DURING THE FISCAL YEAR 1940.

ALSO, IN DECISION B-6894, DATED NOVEMBER 18, 1939, 19 COMP. GEN. 507, IT WAS HELD AS FOLLOWS:

SECTION 10 (B) OF THE REORGANIZATION ACT, SUPRA, IS A PROHIBITION ONLY AGAINST A CHANGE IN CLASSIFICATION OR COMPENSATION DURING THE FISCAL YEAR 1940 OF AN EMPLOYEE TRANSFERRED UNDER THE PROVISION OF TITLE II OF THE ACT. SEE QUESTION AND ANSWER (A), SECOND SERIES, DECISION OF AUGUST 22, 1939, 19 COMP. GEN. 244. SINCE THERE IS NOT INVOLVED HERE ANY QUESTION OF CHANGE OF ,CLASSIFICATION" THERE IS FOR CONSIDERATION ONLY THE MATTER OF "COMPENSATION" WITHIN THE MEANING OF SECTION 10 (B) OF THE REORGANIZATION ACT. THE CHANGE OF "COMPENSATION" WHICH SECTION 10 (B) OF THE CITED ACT PRECLUDES DURING THE FISCAL YEAR 1940 RELATES TO THE RATE PAID TO AN EMPLOYEE ON JUNE 30, 1939, FOR FULL-TIME SERVICE MEASURED EITHER ON A TIME OR PIECE WORK BASIS. IF THE SAME SCHEDULE OF RATES OF COMPENSATION PER MONTH, PER LIGHT AND THE OTHER ELEMENTS "DEPENDENT UPON THE TYPE OF AID, ACCESSIBILITY, AND DISTANCE REQUIRED TO BE TRAVERSED" (QUOTING FROM YOUR LETTER) WHICH ENTERED INTO FIXING THE COMPENSATION OF LAMPLIGHTERS IN FORCE ON JUNE 30, 1939, IN THE DEPARTMENT OF COMMERCE ARE MAINTAINED AFTER THAT DATE BY THE TREASURY DEPARTMENT, SECTION 10 (B) OF THE REORGANIZATION ACT DOES NOT PROHIBIT A CHANGE IN THE TOTAL COMPENSATION PAID TO ANY LAMPLIGHTER BASED ON A CHANGE IN THE NUMBER OF LAMPS LIGHTED OR A CHANGE IN THE OTHER ELEMENTS WHICH ENTERED INTO THE FIXING OF THE COMPENSATION. COMPARE THE LAST PARAGRAPH OF DECISION OF AUGUST 22, 1939, 19 COMP. GEN. 246, AND QUESTION AND ANSWER 8, DECISION OF OCTOBER 28, 1939, B-5212, 19 COMP. GEN. 461.

IT IS UNDERSTOOD THAT THE PART-TIME CHARWOMEN REFERRED TO IN YOUR LETTER ARE NOW ALLOCATED IN GRADE CU-2, AND THAT IT IS NOW DESIRED TO EMPLOY THEM UON A FULL-TIME BASIS AND PAY THEM THE MINIMUM SALARY RATE OF GRADE CU-2, AS FIXED BY THE CLASSIFICATION ACT, SUPRA. IF THAT UNDERSTANDING BE CORRECT, YOU ARE ADVISED THAT, APPLYING THE PRINCIPLE STATED IN THE ABOVE- QUOTED DECISIONS, THE ACTION PROPOSED WOULD NOT CONTRAVENE THE PROVISIONS OF SECTION 10 (B) OF THE REORGANIZATION ACT. COMPARE DECISION OF DECEMBER 6, 1939, B-7205, INVOLVING THE CHANGING OF A FULL-TIME EMPLOYEE PAID ON A PER DIEM BASIS TO A FULL-TIME POSITION PAID ON AN ANNUAL BASIS.