A-33547, OCTOBER 6, 1930, 10 COMP. GEN. 155
Highlights
IS ENTITLED TO ANY ADDITIONAL COMPENSATION UNDER THE TERMS OF THE BROOKHART SALARY ACT. 1930: THERE HAVE BEEN RECEIVED YOUR LETTERS OF AUGUST 18. REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON ADMINISTRATIVELY APPROVED VOUCHERS IN THE AMOUNT OF $4.51 EACH IN FAVOR OF KATHERINE M. THE FACTS ON WHICH THE CLAIMS ARE BASED BEING AS FOLLOWS: KATHERINE M. JENNINGS WAS INCREASED ONE SALARY STEP ON JULY 1. WAS INCREASED FROM $1. CERCHIO WAS INCREASED ONE SALARY STEP ON JULY 1. WAS RECOMMENDED BY THE FINANCE OFFICER. WAS SO ADVANCED. WAS PROMOTED TO $1. CERCHIO IS WHETHER THESE EMPLOYEES RECEIVED INCREASES OF TWO STEPS EACH UNDER THE WELCH ACT. IN THIS CONNECTION IT MAY BE STATED THAT THESE TWO EMPLOYEES WERE INCLUDED AMONG A NUMBER OF CIVILIAN EMPLOYEES OF THE FINANCE DEPARTMENT OF THE ARMY IN REGARD TO WHOM IT COULD NOT BE DEFINITELY DETERMINED ON JULY 1.
A-33547, OCTOBER 6, 1930, 10 COMP. GEN. 155
CLASSIFICATION OF CIVILIAN EMPLOYEES - BROOKHART SALARY ACT - FIELD SERVICE NO EMPLOYEE WHETHER IN THE DEPARTMENTAL SERVICE OR IN THE FIELD SERVICE WHO RECEIVED THE EQUIVALENT OF TWO STEPS OR SALARY RATES IN THE GRADE OR SALARY RANGE HELD JUNE 30, 1928, SOLELY BY REASON OF THE TERMS OF THE WELCH ACT AS DISTINGUISHED FROM ADMINISTRATIVE PROMOTIONS, AND AS TO THE FIELD SERVICE ON JULY 1, 1928, OR THEREAFTER, IS ENTITLED TO ANY ADDITIONAL COMPENSATION UNDER THE TERMS OF THE BROOKHART SALARY ACT.
COMPTROLLER GENERAL MCCARL TO MAJ. S. R. BEARD, UNITED STATES ARMY, OCTOBER 6, 1930:
THERE HAVE BEEN RECEIVED YOUR LETTERS OF AUGUST 18, 1930, THROUGH THE OFFICE OF THE CHIEF OF FINANCE, UNITED STATES ARMY, REQUESTING DECISION WHETHER YOU ARE AUTHORIZED TO MAKE PAYMENT ON ADMINISTRATIVELY APPROVED VOUCHERS IN THE AMOUNT OF $4.51 EACH IN FAVOR OF KATHERINE M. JENNINGS AND CLELIA M. CERCHIO, EMPLOYEES IN THE FINANCE SERVICE OF THE ARMY, A FIELD SERVICE, FOR THE PERIOD FROM JULY 3 TO 31, 1930, REPRESENTING AN INCREASE IN COMPENSATION OF $60 PER ANNUM, LESS RETIREMENT DEDUCTIONS CLAIMED UNDER THE TERMS OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1003.
THE FOLLOWING ADMINISTRATIVE REPORT HAS BEEN RECEIVED FROM THE CHIEF OF FINANCE IN HIS LETTER OF TRANSMITTAL OF SEPTEMBER 25, 1930:
3. THE REQUESTS OF MAJOR S. R. BEARD, F. D., CONTAINED IN TWO LETTERS DATED AUGUST 18, 1930, PERTAIN TO ATTACHED VOUCHERS IN FAVOR OF KATHERINE M. JENNINGS AND CLELIA M. CERCHIO IN THE AMOUNTS OF $4.51 EACH, FOR THE PERIOD FROM JULY 3 TO 31, 1930. THESE AMOUNTS REPRESENT INCREASES CLAIMED BY THESE EMPLOYEES AT THE RATE OF $60.00 PER ANNUM EACH UNDER THE BROOKHART ACT, THE FACTS ON WHICH THE CLAIMS ARE BASED BEING AS FOLLOWS:
KATHERINE M. JENNINGS WAS INCREASED ONE SALARY STEP ON JULY 1, 1928, FROM $1,320 TO $1,380 PER ANNUM, AND WAS INCREASED FROM $1,380 TO $1,440 PER ANNUM, EFFECTIVE AUGUST 3, 1928.
CLELIA M. CERCHIO WAS INCREASED ONE SALARY STEP ON JULY 1, 1928, FROM $1,560 TO $1,620 PER ANNUM; ON AUGUST 21, 1928, WAS RECOMMENDED BY THE FINANCE OFFICER, U.S. ARMY, PHILADELPHIA, PA., FOR ADVANCE FROM FIELD SERVICE SALARY RANGE 6 TO RANGE 7, AND WAS SO ADVANCED, EFFECTIVE SEPTEMBER 20, 1928, WITH AN INCREASE IN SALARY FROM $1,620 TO $1,680 PER ANNUM; AND ON JUNE 5, 1930, WAS PROMOTED TO $1,740 PER ANNUM.
THE QUESTION PRESENTED IN THE CASES OF KATHERINE M. JENNINGS AND CLELIA M. CERCHIO IS WHETHER THESE EMPLOYEES RECEIVED INCREASES OF TWO STEPS EACH UNDER THE WELCH ACT. IN THIS CONNECTION IT MAY BE STATED THAT THESE TWO EMPLOYEES WERE INCLUDED AMONG A NUMBER OF CIVILIAN EMPLOYEES OF THE FINANCE DEPARTMENT OF THE ARMY IN REGARD TO WHOM IT COULD NOT BE DEFINITELY DETERMINED ON JULY 1, 1928, WHETHER THEY WERE ENTITLED TO AN INCREASE OF ONE OR TWO STEPS UNDER THE WELCH ACT. ACCORDINGLY, THEY WERE TENTATIVELY PLACED IN A SALARY RANGE WHICH WOULD ENTITLE THEM TO AN INCREASE OF ONE STEP. UPON FURTHER EXAMINATION OF THE RECORDS OF THESE EMPLOYEES, IT WAS DETERMINED THAT THEY SHOULD BE PLACED IN A SALARY RANGE ENTITLING THEM TO INCREASES OF TWO STEPS EACH UNDER THE WELCH ACT, AND AN INCREASE OF AN ADDITIONAL STEP WAS GIVEN TO CERTAIN EMPLOYEES, INCLUDING MISS JENNINGS, ON AUGUST 3, 1928, AND TO CERTAIN OTHER EMPLOYEES, INCLUDING CERCHIO, ON SEPTEMBER 20, 1928. GRANTED ON AUGUST 3, 1928, AND SEPTEMBER 20, 1928, WERE INTENDED AS INCREASES UNDER THE WELCH ACT, AND NOT AS ADMINISTRATIVE PROMOTIONS.
REFERENCE IS MADE TO DECISION OF EVEN DATE ADDRESSED TO MAJ. J. B. HARPER, UNITED STATES ARMY, A-33547, 10 COMP. GEN. 153, FOR A STATEMENT OF THE RULES ANNOUNCED IN PRIOR DECISIONS OF THIS OFFICE APPLYING THE BROOKHART SALARY ACT TO THE FIELD SERVICE, AND THE APPLICATION THEREOF TO THE TWO CASES THERE PRESENTED.
NO EMPLOYEE, WHETHER IN THE DEPARTMENTAL SERVICE OR IN THE FIELD SERVICE, WHO RECEIVED THE EQUIVALENT OF TWO STEPS OR SALARY RATES IN THE GRADE OR SALARY RANGE HELD JUNE 30, 1928, SOLELY BY REASON OF THE TERMS OF THE WELCH ACT, IS ENTITLED TO ANY ADDITIONAL COMPENSATION UNDER THE TERMS OF THE BROOKHART SALARY ACT. BASED ON THE ADMINISTRATIVE REPORT THAT THE DELAYED INCREASES MADE AUGUST 3, 1928, IN THE CASE OF KATHERINE M. JENNINGS, AND SEPTEMBER 20, 1928, IN THE CASE OF CLELIA M. CERCHIO, WERE WELCH ACT INCREASES, RATHER THAN ADMINISTRATIVE PROMOTIONS, THE EMPLOYEES ARE NOT ENTITLED TO ANY ADDITIONAL INCREASE IN COMPENSATION UNDER THE TERMS OF THE BROOKHART SALARY ACT.