A-32886, FEBRUARY 10, 1931, 10 COMP. GEN. 349

A-32886, FEBRUARY 10, 1931, 10 COMP. GEN. 349

CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, REQUIRES THAT THERE BE SELECTED WITH RESPECT TO EACH GROUP OF FIELD POSITIONS A DEPARTMENTAL GRADE OR SALARY RANGE AS PRESCRIBED BY THE CLASSIFICATION ACT, AS AMENDED, WITH WHICH IT MOST NEARLY COMPARES OR CORRESPONDS AND THE SALARY RANGE FIXED FOR SAID GRADE SHOULD BE THE SALARY RANGE FOR THE FIELD GROUP, AND THERE IS NO AUTHORITY TO COMBINE TWO OR MORE GRADES OR SALARY RANGES AS PRESCRIBED BY THE CLASSIFICATION ACT TO ESTABLISH ONE FIELD GRADE OR SALARY RANGE. NO ADJUSTMENTS IN THE GRADE AND/OR SALARY RATE OF FIELD EMPLOYEES MAY NOW BE MADE UNDER SECTION 3 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 776, 785, IF THE ADMINISTRATIVE OFFICE DETERMINED IN 1928 THAT NO ADJUSTMENTS WERE THEN AUTHORIZED OR REQUIRED UNDER SAID STATUTE, AND THE FIELD EMPLOYEES UNDER SUCH CIRCUMSTANCES WOULD BE ENTITLED TO THE SAME BUT NO GREATER BENEFITS UNDER THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, THAN THEY WOULD BE ENTITLED TO HAD THEIR GRADE AND/OR SALARY RATE BEEN ADJUSTED ADMINISTRATIVELY UNDER THE WELCH ACT PURSUANT TO THE COMPARATIVE SCHEDULE PUBLISHED IN DECISION OF JUNE 2, 1928, 7 COMP GEN. 760. FIELD EMPLOYEES WHOSE POSITIONS WERE IN GRADES OR SALARY RANGES COMPARABLE WITH DEPARTMENTAL GRADES CAF-11 OR P-4 ON JUNE 30, 1928, AS PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT, WHOSE POSITIONS WERE ADMINISTRATIVELY PLACED OR ALLOCATED ON JULY 1, 1928, EFFECTIVE DATE OF THE WELCH ACT, IN NEW GRADES CAF-11 OR P-4, WITH SALARY RANGE FROM $3,800 TO $4,400 PER ANNUM, AS PRESCRIBED BY THE WELCH ACT, WERE BY SUCH ACTIONS REMOVED FROM THOSE PROVISIONS OF THE WELCH ACT WHICH OTHERWISE WOULD HAVE ENTITLED THEM TO AN AUTOMATIC OR STATUTORY INCREASE IN COMPENSATION WITHIN THE SALARY RANGE OF THE GRADE HELD, AND PRECLUDES THEM FROM RECEIVING AN AUTOMATIC OR STATUTORY INCREASE IN COMPENSATION UNDER THE BROOKHART SALARY ACT.

COMPTROLLER GENERAL MCCARL TO THE ADMINISTRATOR OF VETERANS' AFFAIRS, FEBRUARY 10, 1931:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 6, 1931, AS FOLLOWS:

I HAVE THE HONOR TO REFER AGAIN TO YOUR DECISIONS OF JULY 16, 1930, AND AUGUST 11, 1930, WITH REFERENCE TO THE ACT OF JULY 3, 1930, FURTHER AMENDING THE CLASSIFICATION ACT OF 1923.

THE ADMINISTRATION CONSTRUES YOUR DECISION AS HOLDING THAT CONGRESS INTENDED THAT EACH FIELD EMPLOYEE WOULD RECEIVE BY LEGISLATIVE ACTION, INDEPENDENT OF ANY ADMINISTRATIVE ADJUSTMENTS, A PROMOTION THE EQUIVALENT OF TWO STEPS IN THE APPROPRIATE GRADE OR SALARY RANGE.

IT IS FURTHER UNDERSTOOD THAT YOUR DECISION FIXES THE GRADES OF THE FIELD EMPLOYEES AS OF THE DATE THE WELCH ACT WAS FIRST PLACED IN EFFECT IN THE FIELD SERVICE ON THE BASIS OF THE SALARIES THEY THEN RECEIVED AND THAT THEY ARE NOW ENTITLED, OTHER REQUIREMENTS BEING COMPLIED WITH, TO SALARY ADJUSTMENTS RETROACTIVELY IN ACCORDANCE WITH SUCH PRINCIPLE FROM JULY 1, 1928, SUBJECT, OF COURSE, TO THE GENERAL PROVISO THAT THE SALARIES SHALL NOT AT ANY TIME EXCEED THE MAXIMUM FOR THE GRADE OCCUPIED.

BEFORE APPLYING YOUR DECISION IN ACCORDANCE WITH THE CONSTRUCTION HEREIN EXPLAINED, IN VIEW OF THE FACT THAT TO DO SO WOULD RESULT IN AN INCREASED COST ESTIMATED AT $1,301,760 AND REQUIRE THE ADMINISTRATION TO REQUEST CONGRESS TO AUTHORIZE A DEFICIENCY APPROPRIATION IN THAT AMOUNT, I HAVE DECIDED TO PRESENT THE MATTER AGAIN WITH PARTICULARITY AND TO REQUEST ADVICE THEREON.

IN 1923, THE VETERANS' BUREAU, IN ACCORDANCE WITH THE PERSONNEL POLICY ESTABLISHED BY THE CONGRESS IN THE ENACTMENT OF THE CLASSIFICATION ACT OF 1923, GAVE STUDY TO THE MATTER OF CLASSIFYING THE FIELD POSITIONS. 1924 THE POSITIONS WERE ALLOCATED TO SALARY RANGES, AND DESCRIPTIONS OF ALL DUTIES WERE TRANSMITTED TO THE PERSONNEL CLASSIFICATION BOARD FOR USE IN CONNECTION WITH THE SURVEY WHICH WAS THEN IN PROGRESS UNDER THE PROVISIONS OF SECTION 5 OF THE CLASSIFICATION ACT OF 1923. LATER, IN FEBRUARY, 1925, THE BUREAU ASSIGNED TO THE FIELD POSITIONS APPROPRIATE DESIGNATIONS AND SALARY RANGES, AND IN 1926 SPECIFICATIONS WERE ISSUED WHICH INCLUDED, IN ADDITION TO STANDARD TITLES AND COMPENSATION SCHEDULES, DEFINITE DESCRIPTIONS OF DUTIES. THESE SPECIFICATIONS WERE REVISED IN MAY, 1928, AND THE POSITIONS IN THE GROUP NOW ADMINISTRATIVELY CALLED P AND S 4 AND 5 WERE ASSIGNED TO THE SALARY RANGE EXTENDING FROM $3,800 TO $5,000, WHICH WOULD COVER THE RANGE FOR GRADES P AND S 4 AND 5 IN THE SCHEDULES THEN IN EFFECT UNDER THE CLASSIFICATION ACT OF 1923. NO GRADES WERE ASSIGNED. THIS WAS THE STATUS OF THESE POSITIONS ON JULY 1, 1928.

ON SEPTEMBER 6, 1929, THE SPECIFICATIONS AND PROCEDURE INCIDENT TO THE CLASSIFICATION FIELD POSITIONS WERE AGAIN REVISED AND IT IS THIS REVISION, AS AMENDED, WHICH IS NOW IN EFFECT AND WHICH FOR THE FIRST TIME CLASSIFIES THESE POSITIONS IN A GRADE WHICH HAS BEEN FOR ADMINISTRATIVE PURPOSES DESIGNATED AS P AND S 4 AND 5. THESE SPECIFICATIONS INCLUDE NOT ONLY DESIGNATIONS AND DESCRIPTIONS OF ALL FIELD POSITIONS, BUT ALLOCATIONS TO SERVICES AND GRADES CORRESPONDING WITH BUT FEW EXCEPTIONS TO THOSE APPEARING IN THE BROOKHART SALARY ACT. THESE EXCEPTIONS ARE CONFINED ALMOST EXCLUSIVELY TO (1) THE POSITION OF MANAGER IN THE BUREAU'S SMALL REGIONAL OFFICES WHICH IS ALLOCATED TO GRADE CAF-11 AND 12; (2) THE POSITION OF BUSINESS MANAGER IN BUREAU HOSPITALS WHICH IS ALLOCATED IN GRADE CAF-11 AND 12; AND (3) THE POSITION OF PHYSICIAN, LOCATED THROUGHOUT THE ENTIRE FIELD SERVICE, WHICH IS ALLOCATED TO GRADE P AND S 4 AND 5. THERE IS, OF COURSE, NO GRADE P AND S 4 AND 5 OR CAF-11 AND 12 ESTABLISHED BY LAW. BUT APROPOS OF THE ESTABLISHMENT OF THESE CLASSIFICATIONS BY THE BUREAU, I WISH TO STATE THAT AT THE TIME THIS EXPEDIENT WAS RESORTED TO, IT WAS THE OPINION THAT IN VIEW OF THE FACT THAT THE CLASSIFICATION ACT, AS AMENDED, HAD NOT MADE MANDATORY THE CLASSIFICATION OF FIELD POSITIONS, ANY ACTION TAKEN IN THAT DIRECTION FOR THE PURPOSE OF CARRYING OUT WHAT, BY VIRTUE OF THE PROVISIONS OF LEGISLATION IN GENERAL WAS KNOWN TO BE THE ESTABLISHED PERSONNEL POLICY OF THE GOVERNMENT, BOTH IN THE DEPARTMENTAL AND FIELD SERVICE, NEED NOT NECESSARILY BE A RIGID COMPLIANCE WITH THE RULES LAID DOWN FOR THE CLASSIFICATION OF DEPARTMENTAL POSITIONS. PRIOR TO THE BROOKHART ACT, THE AUTHORITY FOR EXTENDING CLASSIFICATION TO THE FIELD WAS LIMITED TO AN ADJUSTMENT OF COMPENSATION WHICH WOULD MAKE THAT OF FIELD POSITIONS CORRESPOND AS FAR AS PRACTICABLE TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. (ACT OF DECEMBER 6, 1924, AND SECTION 3, ACT OF MAY 28, 1928.)

THERE WERE SERIOUS ADMINISTRATIVE REASONS AGAINST THE ASSIGNMENT OF THE POSITIONS IN QUESTION TO A PARTICULAR GRADE AT THE TIME THIS DESIGNATION WAS ADOPTED. IT WAS KNOWN THAT THERE WERE NO SIMILAR OR IDENTICAL POSITIONS IN THE CENTRAL OFFICE FOR THE THREE POSITIONS MENTIONED. THERE WERE APPROXIMATELY 1,000 EMPLOYEES WHO WERE RECEIVING SALARY RATES RANGING FROM $3,000 TO $5,000 PER ANNUM. THEIR DUTIES WERE SO SIMILAR THAT A DIFFERENTIATION IN GRADE APPEARED CONTRARY TO THE PRINCIPLES LAID DOWN BY THE CLASSIFICATION ACT FOR CLASSIFYING POSITIONS ON THE BASIS OF THE SAME GRADES FOR SIMILAR DUTIES. IF GRADE P AND S 4 HAD BEEN ADOPTED FOR THE POSITION OF PHYSICIANS, FOR INSTANCE, A LARGE NUMBER OF DECREASES IN SALARIES WOULD FOLLOW. IF GRADE P AND S 5 WERE ADOPTED, A LARGE NUMBER OF PROMOTIONS WOULD RESULT. IT WAS ALSO THE OPINION OF THE BUREAU THAT WHILE SATISFACTORY MEDICAL PERSONNEL MIGHT BE SECURED AT AN ENTRANCE SALARY OF $3,800, SUCH PERSONNEL WOULD BE MORE EASILY RETAINED IN THE SERVICE IF THEY COULD BE ASSURED THAT THEIR PROMOTIONS BEYOND $4,400 WERE NOT NECESSARILY CONTINGENT UPON THE ASSIGNMENT TO A SO-CALLED HIGHER GRADE POSITION. THEREFORE, AS A PRACTICAL MEASURE, THESE POSITIONS WERE ALLOCATED TO WHAT THE BUREAU ADMINISTRATIVEY TERMS P AND S 4 AND 5 WITH THE COMBINED COMPENSATION SCHEDULE OF $3,800 TO $5,200. THE MAXIMUM OF THE LATTER RATE HAS SUBSEQUENTLY BEEN INCREASED TO $5,400. FOR SUBSTANTIALLY THE SAME REASONS, COMBINED CLASSIFICATION GRADES AND SALARY RANGES WERE ESTABLISHED AND APPROVED FOR THE POSITION OF REGIONAL MANAGER IN THE BUREAU'S SMALL REGIONAL OFFICES AND BUSINESS MANAGER, BUREAU HOSPITALS.

THE EXTENT TO WHICH THE SALARIES OF FIELD POSITIONS WERE ADJUSTED UNDER THE WELCH ACT WAS ONE STEP OR SALARY RATE EXCEPT WHERE THE EMPLOYEE WAS RECEIVING A SALARY IN EXCESS OF THE MAXIMUM OF THE RANGE IN WHICH HIS POSITION WAS PLACED. NO EMPLOYEE RECEIVED MORE THAN ONE STEP, UNLESS HE WAS RECEIVING A SALARY LESS THAN THE MINIMUM OF THE APPROPRIATE SALARY RANGE IN WHICH EVENT ADJUSTMENT WAS MADE TO THE MINIMUM. THESE ADJUSTMENTS WERE MADE EFFECTIVE AS OF JULY 1, 1928. (COMP DEC. MAY 3, 1929.)

YOU WILL THEREFORE SEE THAT ON JUNE 30, 1928, THESE FIELD POSITIONS IN QUESTION WERE NOT CLASSIFIED NOR HAD THE COMPENSATION BEEN ADJUSTED UNDER THE LEGISLATION AUTHORIZING SUCH PROCEDURE BECAUSE IT HAD BEEN FOUND IMPRACTICABLE TO DO SO, THERE BEING NO COMPARABLE POSITIONS IN CENTRAL OFFICE TO WHICH SALARIES COULD BE MADE TO CORRESPOND. YOUR DECISION, HOWEVER, SEEMS TO INDICATE THAT IRRESPECTIVE OF WHETHER OR NOT THE POSITION WAS DEFINITELY ALLOCATED IN A FIELD GRADE ON JUNE 30, 1928, IF IN AN EFFORT TO APPLY AS FAR AS PRACTICABLE THE CLASSIFICATION POLICY OF THE GOVERNMENT TO A COMPLEX FIELD SERVICE, THE LIKE OF WHICH IS PROBABLY NOT TO BE FOUND ELSEWHERE IN THE GOVERNMENT TO-DAY, A POSITION HAS BEEN LINED UP OR PLACED IN A SALARY RANGE CORRESPONDING TO A PARTICULAR GRADE PRESCRIBED BY THE ORIGINAL CLASSIFICATION ACT, THAT PLACEMENT IS CONTROLLING AND A FIELD POSITION DRAWING A SALARY RATE WHICH WOULD CORRESPOND TO A SALARY RATE IN P AND S 4 IN THE CENTRAL OFFICE WOULD AUTOMATICALLY BE INCREASED TO P AND S 5 ON JULY 1, 1928. IF THIS BE TRUE, THEN THE BUREAU HAS GONE ASTRAY IN THE APPLICATION OF THIS LEGISLATION TO THE FIELD AND, BEFORE TAKING STEPS TO AMEND ITS ACTION, I WISH TO ASK YOUR DEFINITE ADVICE AS TO THE PROPER MANNER OF PROCEDURE.

(1) MUST WE NOW, BY VIRTUE OF THE FACT THAT THESE POSITIONS WERE ASSIGNED PLACES IN THE SALARY RANGES OF GRADES 4 AND 5, MAKE ADJUSTMENTS AS OF JULY 1, 1928, ON THE PREMISE THAT THE PLACING OF THE POSITION IN THE SALARY RANGE FOR ADMINISTRATIVE PURPOSES WAS IN EFFECT AN ASSIGNMENT OF THE POSITION OF GRADES 4 AND 5, DEPENDING ON THE RANGE IN WHICH THE SALARY FOUND ITS EQUIVALENT, AND CONSIDER THAT THE WELCH ACT AUTOMATICALLY RAISED THE POSITIONS TO GRADES 5 AND 6, RESPECTIVELY, AND GIVE THE EMPLOYEES IN ADDITION THE EQUIVALENT OF TWO STEPS OR SALARY RATES UNDER THE BROOKHART ACT; OR

(2) MAY WE NOW CONSIDER THAT THE WHOLE ACTION OF THE BUREAU WAS IN ERROR; THAT NO PROPER ADJUSTMENT OF THE SALARIES OF THESE POSITIONS WAS EVER MADE AND THAT WE MAY NOW PROCEED DE NOVO TO CLASSIFY THE POSITIONS UNDER THE EXPRESS DIRECTION OF THE BROOKHART ACT; OR

(3) IF NOT, MAY WE CONSIDER THAT THE COMPENSATION OF THOSE FIELD POSITIONS PRIOR TO MAY 28, 1928, HAD BEEN ADJUSTED TO CORRESPOND SO FAR AS PRACTICABLE TO THE RATES ESTABLISHED BY THE WELCH ACT FOR DEPARTMENTAL POSITIONS IN THE DISTRICT OF COLUMBIA AND THE PROMOTIONS OF ONE STEP OR SALARY RATE AFTER THE WELCH ACT WERE PROPERLY MADE UNDER SECTION 3; THAT THEY ARE WITHIN THE GRADES AFFECTED BY THE BROOKHART ACT AND SO ENTITLED TO AN ADDITIONAL STEP OR SALARY RATE.

IN THIS CONNECTION I WISH TO INVITE ATTENTION TO THE FACT THAT YOUR OFFICE HAS RECENTLY TAKEN EXCEPTIONS TO SALARY INCREASES WHICH WERE MADE UNDER THE WELCH ACT UNDER CIRCUMSTANCES WHICH HAVE BEEN DESCRIBED TO ME AS FOLLOWS:

THE SALARY OF A MANAGER OF ONE OF THE BUREAU'S OFFICES WAS ADJUSTED ONE STEP EFFECTIVE JULY 1, 1928, FROM $4,000 TO $4,200 PER ANNUM. ON DECEMBER 1, 1929, HIS POSITION WAS ALLOCATED TO GRADE CAF 12 AND HIS SALARY ADJUSTED TO $4,600. UNDER THE PROVISIONS OF THE BROOKHART ACT A FURTHER INCREASE OF ONE STEP IN HIS SALARY WAS MADE TO $4,800, EFFECTIVE JULY 3, 1930. IT IS MY UNDERSTANDING THAT THE GENERAL ACCOUNTING OFFICE CONTENDS THAT THIS POSITION WAS, EFFECTIVE JULY 1, 1928, ADMINISTRATIVELY PLACED IN THE NEW GRADE CAF 11 CREATED BY THE WELCH ACT AND THAT, THEREFORE, THE ADJUSTMENT IN SALARY WHICH WAS MADE EFFECTIVE THAT DATE WAS NOT AN ADJUSTMENT BY VIRTUE OF THE OPERATION OF THE WELCH ACT. THIS ACTION APPEARS TO BE INCONSISTENT WITH THE DECISION OF YOUR OFFICE THAT THE NEW GRADE CAF 11 CREATED BY THE WELCH ACT, WAS LEFT ENTIRELY VACANT ON JULY 1, 1928. EXCEPTIONS OF A SIMILAR NATURE HAVE BEEN TAKEN IN CASES OF PROFESSIONAL PERSONNEL AT SEVERAL STATIONS. IT IS RESPECTFULLY REQUESTED THAT, PENDING FINAL DECISION HEREON, NO FURTHER DISALLOWANCES BE MADE.

ON AND AFTER JULY 1, 1928, ALL SALARY GRADES OR RANGES ESTABLISHED BY THE ADMINISTRATIVE OFFICES FOR POSITIONS IN THE FIELD SERVICES, COMPARABLE TO POSITIONS SUBJECT TO THE CLASSIFICATION ACT SHOULD HAVE BEEN THE SAME AS SOME CORRESPONDING SALARY GRADE OR RANGE PRESCRIBED BY THE CLASSIFICATION ACT, AS AMENDED BY THE WELCH ACT OF MAY 28, 1928, AND, ON AND AFTER JULY 3, 1930, AS AMENDED BY THE BROOKHART SALARY ACT OF THAT DATE. THAT IS TO SAY, THERE SHOULD HAVE BEEN SELECTED WITH RESPECT TO EACH GROUP OF FIELD POSITIONS A DEPARTMENTAL GRADE WITH WHICH IT MOST NEARLY COMPARED OR CORRESPONDED AND THE SALARY RANGE FIXED FOR SAID GRADE SHOULD BE THE SALARY RANGE FOR THE FIELD GROUP. IT WAS RECOGNIZED THAT IT WOULD NOT BE PRACTICABLE TO FIND A GRADE IN THE DEPARTMENTAL SERVICE THE DUTIES AND RESPONSIBILITIES OF WHICH WOULD CORRESPOND EXACTLY WITH THE DUTIES AND RESPONSIBILITIES OF EACH GROUP OR CLASS OF POSITIONS IN THE FIELD, BUT IT WAS, OF COURSE, PRACTICABLE TO HAVE THE SALARY RANGE OF EACH GROUP OR CLASS OF FIELD POSITIONS EXACTLY THE SAME AS THE SALARY RANGE OF SOME GRADE IN THE DEPARTMENTAL SERVICE. THE VETERANS' BUREAU, INSTEAD OF ESTABLISHING ONE GRADE OR SALARY RANGE WITH RATES FROM $3,800 TO $5,200 PER ANNUM SHOULD HAVE RECOGNIZED THE CONGRESSIONAL ACTION AS PER THE WELCH ACT IN DIVIDING THAT SALARY RANGE INTO TWO GRADES--- ONE WITH A RANGE FROM $3,800 TO $4,400 AND THE OTHER FROM $4,600 TO $5,200--- AND SHOULD HAVE PLACED ITS FIELD SERVICE POSITIONS ACCORDINGLY. THIS OFFICE CONSIDERED THE MATTER IN THE AUDIT OF ACCOUNTS OF DISBURSING OFFICERS UNDER THE VETERANS' BUREAU, BUT CONCLUDED IN VIEW OF THE DISCRETIONARY TERMS OF SECTION 3 OF THE WELCH ACT, NOT TO RAISE SUCH A QUESTION AS MIGHT DISTURB THE PERSONNEL POLICY IN THE LARGE FIELD SERVICE OF THE VETERANS' BUREAU. HOWEVER, IN VIEW OF THE MANDATORY TERMS OF SECTION 2 OF THE BROOKHART SALARY ACT, THE MATTER SHOULD BE CORRECTED AS SOON AS PRACTICABLE. NOTE THE FOLLOWING QUOTATION FROM DECISION OF NOVEMBER 13, 1930, 10 COMP. GEN. 216, 218:

SEE, ALSO, DECISION OF DECEMBER 2, 1929, 9 COMP. GEN. 229, 231, CONSTRUING SECTION 3 OF THE WELCH ACT, WHEREIN IT WAS STATED AS FOLLOWS: "* * * BY SAID ACT ALL POSITIONS ARE REQUIRED TO BE PLACED OR ALLOCATED BY THE ADMINISTRATIVE OFFICE IN CERTAIN GRADES WITH A DEFINITE RANGE OF SALARY RATES CORRESPONDING WITH THE GRADE AND SALARY RANGE FIXED BY THE CLASSIFICATION ACT AS AMENDED FOR THE SAME OR SIMILAR POSITIONS IN THE DISTRICT OF COLUMBIA, AS NEAR AS MAY BE PRACTICABLE. IF THERE ARE NO POSITIONS IN THE DISTRICT OF COLUMBIA CORRESPONDING IDENTICALLY WITH CERTAIN POSITIONS IN THE LIGHTHOUSE SERVICE, THE POSITION MUST NEVERTHELESS BE PLACED OR ALLOCATED IN A DEFINITE GRADE AND THE SALARY RATES FIXED FOR THE POSITIONS MUST BE AT ONE OF THE SALARY RATES PRESCRIBED IN THE RANGE FOR THE GRADE. INCREASES OR DECREASES IN COMPENSATION MAY BE ONLY AT A SALARY RATE PRESCRIBED FOR THE SAME GRADE, UNLESS FOR GOOD CAUSE SHOWN THE POSITION IS REPLACED OR REALLOCATED BY THE ADMINISTRATIVE OFFICE IN ANOTHER GRADE. * * *"

SEE, ALSO, 4 COMP. GEN. 1077; 5 ID. 235. THE PRINCIPLES FOR APPLYING SECTION 3 OF THE WELCH ACT AND SECTION 2 OF THE BROOKHART SALARY ACT, WITH THE EXCEPTION THAT THE RATES HAVE BEEN CHANGED AND THE REQUIREMENTS ARE MANDATORY, ARE THE SAME AS STATED IN THE PRIOR DECISIONS UNDER THE EARLIER LAWS.

ACCORDINGLY, IF SUCH ACTION HAS NOT HERETOFORE BEEN TAKEN, THE ADMINISTRATIVE OFFICE SHOULD PROCEED TO DIVIDE THE FIELD GRADE OR SALARY RANGE UNDER THE VETERANS' BUREAU RANGING FROM $3,800 TO $5,400 PER ANNUM, INTO FIELD GRADES OR SALARY RANGES FROM $3,800 TO $4,600 PER ANNUM TO CORRESPOND TO GRADES P-4 AND CAF-11, AND FROM $4,600 TO $5,400 TO CORRESPOND TO GRADES P-5 AND CAF-12, AS PRESCRIBED BY THE CLASSIFICATION ACT AS AMENDED BY THE BROOKHART SALARY ACT, AND TO PLACE OR ALLOCATE ALL POSITIONS NOW IN THE COMBINED GRADE OR SALARY RANGE INTO THE RESPECTIVE GRADES OR SALARY RANGES ON THE BASIS OF THE DUTIES AND RESPONSIBILITIES OF THE POSITIONS. IT IS SUGGESTED THAT THE FIELD SURVEY MADE BY THE PERSONNEL CLASSIFICATION BOARD MIGHT BE HELPFUL IN THIS CONNECTION IN SO FAR AS THE SAME COVERS THE EMPLOYEES AFFECTED THEREBY. SHOULD SUCH ADJUSTMENT REQUIRE ANY CHANGES IN SALARY THE CHANGES MUST NOT BE MADE EFFECTIVE RETROACTIVELY.

THE SPECIFIC QUESTIONS NUMBERED (1) AND (2) IN YOUR SUBMISSION, SUPRA, ARE ANSWERED IN THE NEGATIVE.

WITH REFERENCE TO QUESTION 3, I HAVE TO ADVISE THAT IN ADDITION TO THE DECISION OF AUGUST 11, 1930, 10 COMP. GEN 69, ADDRESSED TO YOU AND TO WHICH YOU CALL ATTENTION, THERE HAVE BEEN A NUMBER OF OTHER DECISIONS RENDERED BY THIS OFFICE STATING AND APPLYING THE RULES FOR DETERMINING THE RIGHTS OF FIELD EMPLOYEES UNDER THE BROOKHART SALARY ACT. SEE PARTICULARLY DECISION OF AUGUST 12, 1930, 10 COMP. GEN. 71; ALSO, 10 ID. 81; ID. 125; ID. 130; ID. 153; ID. 155; DECISION OF DECEMBER 11, 1930, A- 34428, 10 COMP. GEN. 265; AND DECISION OF DECEMBER 31, 1930, A-33547, 10 COMP. GEN. 290. PARTICULAR ATTENTION IS INVITED TO THE FOLLOWING QUOTATION FROM THE LAST OF THESE CITED DECISIONS:

* * * ONLY ONE ADMINISTRATIVE ACTION TO GRANT A STATUTORY INCREASE UNDER THE WELCH ACT, AS DISTINGUISHED FROM AN ADMINISTRATIVE PROMOTION, WAS AUTHORIZED, AND IF AND WHEN THAT ACTION WAS TAKEN, THE SALARY ADJUSTMENT UNDER THE STATUTE WAS COMPLETED, PRECLUDING ANY FURTHER INCREASE IN COMPENSATION AS A STATUTORY RIGHT. THE EXCEPTION HAS BEEN RECOGNIZED IN THE DECISIONS OF THIS OFFICE THAT IF THE REASON NO ADMINISTRATIVE ACTION WAS TAKEN WAS BECAUSE OF LACK OF APPROPRIATIONS, PROPER ADJUSTMENTS UNDER THE BROOKHART SALARY ACT MIGHT BE MADE. OF COURSE, LATER ADJUSTMENTS BY REALLOCATIONS OR REPLACEMENTS OF FIELD SERVICE POSITIONS TO HIGHER OR LOWER GRADES, UNDER ADMINISTRATIVE RULES AND REGULATIONS, WERE AND ARE NOW AUTHORIZED WHENEVER THE FACTS AS TO THE DUTIES AND RESPONSIBILITIES OF THE POSITIONS REQUIRES SUCH ACTION, BUT THAT ACTION WOULD NOT RELATE BACK TO THE INITIAL SALARY ADJUSTMENT UNDER THE TERMS OF THE WELCH ACT.

REFERENCE IS MADE TO YOUR CONCLUDING PARAGRAPH PROTESTING THE ACTION OF THIS OFFICE IN QUESTIONING, IN THE AUDIT OF ACCOUNTS, PAYMENTS OF INCREASES IN COMPENSATION AS UNDER THE BROOKHART SALARY ACT TO FIELD EMPLOYEES WHO WERE ON JULY 1, 1928, ADMINISTRATIVELY PLACED IN OR ALLOCATED TO FIELD GRADES OR SALARY RANGES CORRESPONDING WITH GRADE P-4 OR CAF-11 WITH SALARY RATES FROM $3,800 TO $4,400 PER ANNUM AS PRESCRIBED BY THE WELCH ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA.

RIGHTS UNDER THE BROOKHART SALARY ACT ARE DEPENDENT UPON RIGHTS UNDER THE WELCH ACT, AND THE BROOKHART SALARY ACT IS APPLICABLE ONLY TO THOSE FIELD EMPLOYEES WHOSE POSITIONS, BOTH ON JUNE 30, 1928, AND JULY 3, 1930, WERE IN A GRADE MENTIONED IN THE BROOKHART SALARY ACT, AND, ALSO, WHOSE FIELD POSITIONS EFFECTIVE JULY 1, 1928, WERE BY ADMINISTRATIVE ACTION UNDER AUTHORITY OF SECTION 3 OF THE WELCH ACT IN A GRADE TO WHICH THERE MIGHT PROPERLY HAVE BEEN APPLIED THE PROVISIONS OF THE WELCH ACT AUTHORIZING A STATUTORY OR AUTOMATIC INCREASE IN COMPENSATION. AS TO POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA THIS OFFICE, IN DECISION OF JUNE 2, 1928, 7 COMP. GEN 760, SET FORTH A COMPARATIVE SCHEDULE BASED ON A MATHEMATICAL FORMULA FOR ADJUSTING SALARY RATES UNDER THE WELCH ACT PROVISIONS, AND THERE WAS NO DISCRETION VESTED IN THE ADMINISTRATIVE OFFICES WITH RESPECT THERETO. WITH PARTICULAR REFERENCE TO GRADES CAF-11 AND P-4, HERE INVOLVED, SAID DECISION IN EFFECT HELD THAT ALL POSITIONS IN THOSE GRADES ON JUNE 30, 1928, AUTOMATICALLY ADVANCED TO GRADES CAF-12 AND P-5, RESPECTIVELY, WHICH RESULTED IN AN INCREASE IN COMPENSATION OF TWO OR MORE STEPS OR SALARY RATES OF $200 EACH FOR ALL EMPLOYEES WHO HAD BEEN RECEIVING $3,800 TO $4,600, INCLUSIVE, PER ANNUM ON JUNE 30, 1928.

WITH RESPECT TO THE FIELD SERVICE, HOWEVER, THE STATUTE, SECTION 3 OF THE WELCH ACT, VESTED A DISCRETION IN THE ADMINISTRATIVE OFFICE WHETHER THE SALARY ADJUSTMENTS REQUIRED BY THE STATUTE FOR THE DEPARTMENTAL SERVICE, AS APPLIED IN SAID DECISION, SHOULD LIKEWISE BE MADE IN THE FIELD SERVICE. THAT IS TO SAY, IT WAS A MATTER FOR ADMINISTRATIVE DETERMINATION WHETHER THE ADJUSTMENTS DIRECTED IN SAID DECISION FOR THE DEPARTMENTAL SERVICE WERE IN ALL CASES NECESSARY OR AUTHORIZED TO "ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924, TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA.'

IF THE ADMINISTRATIVE OFFICE IN THE EXERCISE OF ITS DISCRETION DETERMINED UPON NO ADJUSTMENT IN THE SALARY OF THOSE POSITIONS WHICH WERE ON JUNE 30, 1928, IN OLD GRADES CAF-11 AND P-4, BUT CONCLUDED THAT SUCH POSITIONS ON JULY 1, 1928, EFFECTIVE DATE OF THE WELCH ACT, WERE MORE PROPERLY IN NEW GRADES CAF-11 AND P-4, RATHER THAN IN THE HIGHER GRADES CAF-12 AND P-5, RESPECTIVELY, AS PER SCHEDULE IN SAID DECISION OF THIS OFFICE, THE ACTION OF THE ADMINISTRATIVE OFFICE HAD THE EFFECT OF REMOVING THE EMPLOYEES OCCUPYING THOSE POSITIONS FROM THE PROVISIONS OF THE WELCH ACT, WHICH OTHERWISE WOULD HAVE ENTITLED THEM TO AN AUTOMATIC OR STATUTORY INCREASE IN COMPENSATION WITHIN THE SALARY RANGE OF THE GRADE HELD, AND ANY INCREASE GRANTED THEM WITHIN SUCH SALARY RANGE MUST BE CONSIDERED AS HAVING BEEN AN ADMINISTRATIVE PROMOTION.

THE PROVISIONS OF SECTION 1 OF THE BROOKHART SALARY ACT, CONTROLLING ADJUSTMENTS IN COMPENSATION, WERE INTENDED TO AND DID RELATE ONLY TO POSITIONS IN THE DISTRICT OF COLUMBIA OR IN THE FIELD SERVICE WHICH WERE ADJUSTED UNDER THE WELCH ACT IN ACCORDANCE WITH THE INTERPRETATION PLACED THEREON BY THIS OFFICE IN SAID DECISION OF JUNE 2, 1928. THE BROOKHART SALARY ACT WAS INTENDED TO SUPPLEMENT THE WELCH ACT BY ADDING ANOTHER SALARY RATE AT THE TOP OF THE LOWER GRADES SO AS TO PERMIT EMPLOYEES IN THE UPPER SALARY RATES OF THE GRADES WHO HAVE RECEIVED ONLY ONE STEP UNDER THE WELCH ACT TO RECEIVE AN ADDITIONAL STEP THEREBY EQUALIZING THEIR SALARY ADJUSTMENTS WITH THOSE GRANTED TO EMPLOYEES IN THE LOWER SALARY RATES OF THE GRADES WHO HAD RECEIVED AN INCREASE OF TWO STEPS UNDER THE WELCH ACT. IF ADMINISTRATIVE ACTION IN THE FIELD SERVICE UNDER SECTION 3 OF THE WELCH ACT DID NOT FOLLOW THE SCHEDULE PRESCRIBED BY THIS OFFICE FOR THE DEPARTMENTAL SERVICE, NEVERTHELESS, RIGHTS UNDER THE BROOKHART SALARY ACT MUST BE BASED ON RIGHTS UNDER THE WELCH ACT AS SET FORTH IN SAID SCHEDULE. UNDER SUCH CIRCUMSTANCES, THE EMPLOYEES WOULD BE ENTITLED TO THE SAME BUT NO GREATER BENEFITS UNDER THE BROOKHART SALARY ACT THAN THEY WOULD BE ENTITLED TO HAD THEIR GRADE AND/OR SALARY RATE BEEN ADJUSTED ADMINISTRATIVELY UNDER THE WELCH ACT PURSUANT TO SAID SCHEDULE. 10 COMP. GEN 63; ID. 71. THEREFORE, FIELD EMPLOYEES WHOSE POSITIONS WERE ADMINISTRATIVELY PLACED IN GRADES CAF-11 AND P-4 ON JULY 1, 1928, WITH SALARY RANGE FROM $3,800 TO $4,400 PER ANNUM, ARE NOT ENTITLED TO ANY BENEFITS UNDER THE BROOKHART SALARY ACT.

YOU ARE ADVISED, THEREFORE, THAT THE ACTION IN THE AUDIT IN THIS RESPECT WAS PROPER AND IS SUSTAINED.