B-78888, SEPTEMBER 9, 1948, 28 COMP. GEN. 157

B-78888: Sep 9, 1948

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ARE APPLICABLE TO THE PUBLIC PRINTER AND THE DEPUTY PUBLIC PRINTER WHOSE RATES OF COMPENSATION WERE INCREASED PURSUANT TO THE APPLICABLE SECTIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1946. MAY NOT BE REGARDED AS APPLICABLE TO WAGE BOARD EMPLOYEES WHO WERE NOT ENTITLED TO INCREASES IN THEIR BASIC RATES OF COMPENSATION UNDER THE APPLICABLE PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945. THE QUESTIONS ARE AS FOLLOWS: 1. WHOSE SALARY IS FIXED BY LEGISLATION. WHOSE SALARY IS FIXED BY LEGISLATION. IT WAS HELD THAT THE DEPUTY PUBLIC PRINTER'S SALARY COULD BE INCREASED IN ACCORDANCE WITH SECTIONS 501 AND 502 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 AND SECTIONS 5 AND 502 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946. 3.

B-78888, SEPTEMBER 9, 1948, 28 COMP. GEN. 157

COMPENSATION - RATES - POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948 - PUBLIC PRINTER, DEPUTY PUBLIC PRINTER, AND WAGE-BOARD EMPLOYEES THE PROVISIONS OF SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, AUTHORIZING PAYMENT OF ADDITIONAL COMPENSATION AT THE RATE OF $330 PER ANNUM TO EACH OFFICE AND EMPLOYEE OF THE FEDERAL GOVERNMENT, ARE APPLICABLE TO THE PUBLIC PRINTER AND THE DEPUTY PUBLIC PRINTER WHOSE RATES OF COMPENSATION WERE INCREASED PURSUANT TO THE APPLICABLE SECTIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1946. THE PROVISO TO SECTION 301 OF THE POSTAL RATE REVISION AND FEDERAL EMPLOYEES SALARY ACT OF 1948, AUTHORIZING THE PAYMENT OF ADDITIONAL COMPENSATION AT THE RATE OF 20 CENTS PER HOUR TO EMPLOYEES PAID ON AN HOURLY OR PART TIME BASIS, MAY NOT BE REGARDED AS APPLICABLE TO WAGE BOARD EMPLOYEES WHO WERE NOT ENTITLED TO INCREASES IN THEIR BASIC RATES OF COMPENSATION UNDER THE APPLICABLE PROVISIONS OF THE FEDERAL EMPLOYEES PAY ACT OF 1945, AS AMENDED.

COMPTROLLER GENERAL WARREN TO THE PUBLIC PRINTER, SEPTEMBER 9, 1948:

THERE HAS BEEN CONSIDERED LETTER OF JULY 28, 1948, FROM THE ACTING PUBLIC PRINTER, REQUESTING DECISION UPON CERTAIN QUESTIONS THEREIN PRESENTED RESPECTING THE APPLICABILITY TO YOUR ESTABLISHMENT OF THE PROVISIONS OF PUBLIC LAW 900, APPROVED JULY 3, 1948. THE QUESTIONS ARE AS FOLLOWS:

1. DOES THE PUBLIC PRINTER, WHOSE SALARY IS FIXED BY LEGISLATION, COME WITHIN THE PROVISIONS OF THIS ACT, AND SHOULD HIS SALARY BE INCREASED FROM $10,000 PER ANNUM TO $10,330 PER ANNUM?

2. DOES THE DEPUTY PUBLIC PRINTER, WHOSE SALARY IS FIXED BY LEGISLATION, COME WITHIN THE PROVISIONS OF THIS ACT, AND SHOULD HIS SALARY BE INCREASED FROM $10,000 PER ANNUM TO $10,330 PER ANNUM? IN YOUR DECISION OF DECEMBER 6, 1946 (B-61547), IT WAS HELD THAT THE DEPUTY PUBLIC PRINTER'S SALARY COULD BE INCREASED IN ACCORDANCE WITH SECTIONS 501 AND 502 OF THE FEDERAL EMPLOYEES PAY ACT OF 1945 AND SECTIONS 5 AND 502 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946.

3. DO HOURLY PAID EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE COME WITHIN THE PROVISIONS OF SECTION 301 OF THE ABOVE-CITED 1948 ACT, AND SHOULD THEY RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF 20 CENTS PER HOUR? REFERENCE TO THE HOURLY PAID EMPLOYEES OF THIS OFFICE, IT SHOULD BE STATED THAT ALL OF THESE EMPLOYEES COME WITHIN THE PROVISIONS OF THE ACT OF JUNE 7, 1924 ( U.S.C., TITLE 44, SECTION 40) AND SECTION 23 OF THE ACT OF MARCH 28, 1934 ( U.S.C., TITLE 5, SECTION 673C), AND THEY ARE THEREFORE CONSIDERED TO BE EMPLOYEES WHOSE PAY IS FIXED BY A WAGE BOARD.

SECTION 301 OF PUBLIC LAW 900, 62 STAT. 1267, PROVIDES:

SEC. 301. EXCEPT AS PROVIDED IN SECTION 303, EACH OFFICER AND EMPLOYEE OF THE FEDERAL GOVERNMENT, AND EACH OFFICER AND EMPLOYEE OF THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT, WHOSE RATE OF COMPENSATION IS INCREASED BY SECTION 2, 3, 4, 5, OR 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946 SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF $330 PER ANNUM: PROVIDED, THAT ANY EMPLOYEE PAID ON AN HOURLY OR PART-TIME BASIS SHALL RECEIVE ADDITIONAL COMPENSATION AT THE RATE OF 20 CENTS PER HOUR.

THE SALARIES OF BOTH THE PUBLIC PRINTER AND THE DEPUTY PUBLIC PRINTER--- WHICH SALARIES HAVE BEEN FIXED AT THE RATES OF $10,000 AND $7,500, RESPECTIVELY, BY THE ACT OF MAY 29, 1928, 45 STAT. 1006 (44 U.S.C. 39A/--- HAVE BEEN HELD SUBJECT TO THE PAY INCREASES PROVIDED IN THE APPLICABLE SECTIONS OF THE 1945 PAY ACT AS AMENDED BY SECTION 5 OF THE 1946 PAY STATUTE, 60 STAT. 207, SUBJECT ONLY TO THE $10,000 MAXIMUM LIMITATION CONTAINED IN SECTION 603 OF THE 1945 PAY ACT, 59 STAT. 302, AND SECTION 7 OF THE 1946 PAY ACT, 60 STAT. 218. B-59929, OCTOBER 8, 1946, AND B-61547, DECEMBER 6, 1946. ACCORDINGLY, QUESTIONS 1 AND 2 ARE ANSWERED IN THE AFFIRMATIVE.

SECTION 102 (C) OF THE PAY ACT OF 1945, PUBLIC LAW 106, 59 STAT. 296, PROVIDES:

(C) THIS ACT, EXCEPT SECTIONS 203 AND 607, SHALL NOT APPLY TO EMPLOYEES WHOSE BASIC COMPENSATION IS FIXED AND ADJUSTED FROM TIME TO TIME IN ACCORDANCE WITH PREVAILING RATES BY WAGE BOARDS OR SIMILAR ADMINISTRATIVE AUTHORITY SERVING THE SAME PURPOSE.

ACCORDINGLY, WAGE-BOARD EMPLOYEES WERE NOT GIVEN, AS A MATTER OF RIGHT, ANY INCREASE IN THEIR BASIC RATE OF COMPENSATION UNDER THE PROVISIONS OF THE 1945 PAY ACT. ALSO, THERE IS NO PROVISION IN SECTION 2, 3, 4, 5, OF 6 OF THE FEDERAL EMPLOYEES PAY ACT OF 1946, 60 STAT. 216, 217, AS SPECIFIED IN SECTION 301 OF PUBLIC LAW 900, SUPRA, WHICH INCREASES THE RATES OF PAY OF SUCH EMPLOYEES. CONSEQUENTLY, THEY ARE NOT ENTITLED TO ANY INCREASE UNDER SECTION 301 OF PUBLIC LAW 900. QUESTION 3 IS ANSWERED IN THE NEGATIVE.