B-155939, JUL. 28, 1965

B-155939, JUL. 28, 1965

TO CHAIRMAN, UNITED STATES CIVIL SERVICE COMMISSION:

WE REFER TO YOUR LETTER OF JULY 12, 1965, ENCLOSING A DRAFT STATEMENT ON SALARY RETENTION FOR WAGE BOARD EMPLOYEES WHICH THE INTERAGENCY ADVISORY GROUP PROPOSES TO ISSUE AS AN ENCLOSURE TO AN IAG LETTER TO DIRECTORS OF PERSONNEL. YOU REQUEST OUR ADVICE WHETHER THE HEADS OF GOVERNMENT AGENCIES HAVE AUTHORITY TO ESTABLISH THE POLICIES CONTAINED IN THAT STATEMENT AS THE BASIS FOR THE SALARY RETENTION FOR WAGE BOARD EMPLOYEES.

THE POLICIES ON QUESTION FOLLOW CLOSELY THE PROVISIONS OF SECTION 507 (A) OF THE CLASSIFICATION ACT OF 1949, APPROVED OCTOBER 28, 1949, CH. 782, AS ADDED BY THE ACT OF JUNE 18, 1956, CH. 402, 70 STAT. 291, AS AMENDED, 5 U.S.C. 1107 (A), AND IT APPEARS THAT SUCH DIFFERENCES AS THERE ARE BETWEEN THE STATUTE AND THE POLICY STATEMENT ARE THE RESULT OF DIFFERENCES BETWEEN THE TWO COMPENSATION SYSTEMS. THE STATEMENT WOULD BE ISSUED IN THE INTEREST OF ESTABLISHING MORE UNIFORM SYSTEMS OF SALARY RETENTION FOR WAGE BOARD EMPLOYEES AMONG THOSE GOVERNMENT AGENCIES WHICH DETERMINE THAT SALARY RETENTION FOR SUCH EMPLOYEES IS IN THE PUBLIC INTEREST. AS SUCH THE CONTENT AND PURPOSE OF THE DRAFT STATEMENT ARE CONSISTENT WITH THE OPINION WE EXPRESSED IN THE DECISION OF FEBRUARY 15, 1965, B-155939, 44 COMP. GEN. ---- , TO THE SECRETARY OF DEFENSE.

WE HAVE EXAMINED THE DRAFT STATEMENT AND HAVE DISCUSSED CERTAIN PARTS THEREOF WITH A REPRESENTATIVE OF YOUR COMMISSION. OUR VIEW IS THAT AGENCIES HAVE THE AUTHORITY TO IMPLEMENT THE POLICIES CONTAINED IN THAT STATEMENT TO GOVERN THE GRANTING OF RETAINED SALARY TO WAGE BOARD EMPLOYEES. FURTHERMORE, WE BELIEVE THAT THE ISSUANCE OF SUCH A STATEMENT BY THE INTERAGENCY ADVISORY GROUP WOULD BE BENEFICIAL IN THAT IT COULD FACILITATE THE ADOPTION OF MORE UNIFORM POLICIES THROUGHOUT THE GOVERNMENT.

WE APPRECIATE THE OPPORTUNITY GIVEN US TO EXAMINE AND COMMENT ON THE PROPOSED STATEMENT.