A-7180, MARCH 2, 1925, 4 COMP. GEN. 725
Highlights
ARE NOT REPEALED OR MODIFIED BY THE ACT OF DECEMBER 6. 1925: I HAVE YOUR LETTER OF JANUARY 31. THE PRIME PURPOSE OF THE CLASSIFICATION ACT WAS TO CLASSIFY AND READJUST THE COMPENSATION OF GOVERNMENT EMPLOYEES.
A-7180, MARCH 2, 1925, 4 COMP. GEN. 725
LEAVE OF ABSENCE - STOREKEEPER-GAUGERS OF THE INTERNAL REVENUE SERVICE THE PROVISIONS IN THE ACT OF JUNE 23, 1910, 36 STAT. 592, GOVERNING THE GRANTING OF LEAVE OF ABSENCE TO STOREKEEPERS, GAUGERS, AND STOREKEEPER- GAUGERS IN THE INTERNAL REVENUE SERVICE ON BASIS OF THE ACTUAL NUMBER OF DAYS ASSIGNED TO DUTY, ARE NOT REPEALED OR MODIFIED BY THE ACT OF DECEMBER 6, 1924, 43 STAT. 704, AUTHORIZING THE ADJUSTMENT IN THE RATES OF PAY OF FIELD EMPLOYEES, INCLUDING STOREKEEPER-GAUGERS IN THE INTERNAL REVENUE SERVICE, TO CORRESPOND TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923, RESULTING IN A CHANGE FROM A PER DIEM TO A PER ANNUM BASIS OF PAYMENT.
COMPTROLLER GENERAL MCCARL TO THE SECRETARY OF THE TREASURY, MARCH 2, 1925:
I HAVE YOUR LETTER OF JANUARY 31, 1925, REQUESTING DECISION WHETHER THE CHANGE IN THE BASIS OF PAYING THE COMPENSATION OF STOREKEEPER GAUGERS IN THE INTERNAL REVENUE SERVICE FROM A PER DIEM TO A PER ANNUM BASIS UNDER AUTHORITY OF HE ACT OF DECEMBER 6, 1924, 43 STAT. 704, HAS ANY BEARING ON THE ACT OF JUNE 23, 1910, 36 STAT. 592, GRANTING CUMULATIVE LEAVE OF ABSENCE TO STOREKEEPERS, GAUGERS, AND STOREKEEPER GAUGERS IN THE INTERNAL REVENUE SERVICE ON THE BASIS OF THE NUMBER OF DAYS ACTUALLY ASSIGNED TO DUTY.
THE DECISION OF JANUARY 8, 1925, 4 COMP. GEN. 599, HELD THAT THE PROVISIONS OF THE ACT OF DECEMBER 6, 1924, SUPRA, AUTHORIZED THE ADJUSTMENT IN THE RATES OF COMPENSATION OF STOREKEEPER-GAUGERS BASED ON THE RATES ESTABLISHED BY THE CLASSIFICATION ACT, RESULTING IN A CHANGE FROM A PER DIEM TO A PER ANNUM BASIS, RETROACTIVELY EFFECTIVE FROM JULY 1, 1924.
THE PRIME PURPOSE OF THE CLASSIFICATION ACT WAS TO CLASSIFY AND READJUST THE COMPENSATION OF GOVERNMENT EMPLOYEES, AND SAID ENACTMENT REFLECTS NO INTENT OR PURPOSE TO REPEAL OR MODIFY PRIOR ENACTMENTS RELATIVE TO LEAVE OF ABSENCE. SEE 4 COMP. GEN. 242.
IT FOLLOWS, THEREFORE, THAT THE AUTHORITY IN THE ACT OF DECEMBER 6, 1924, TO ADJUST THE RATES OF PAY OF FIELD EMPLOYEES, INCLUDING STOREKEEPER- GAUGERS IN THE INTERNAL REVENUE SERVICE, TO CORRESPOND TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT, HAS NO GENERAL BEARING ON THE ACT OF JUNE 23, 1910, CONTROLLING THE GRANTING OF LEAVE OF ABSENCE TO STOREKEEPERS, GAUGERS, AND STOREKEEPERS-GAUGERS IN THE INTERNAL REVENUE SERVICE, BUT SUCH LEAVE ACT REMAINS IN FULL FORCE AND EFFECT IN THE TERMS STATED THEREIN.