A-33547, DECEMBER 31, 1930, 10 COMP. GEN. 290

A-33547, DECEMBER 31, 1930, 10 COMP. GEN. 290

CLASSIFICATION OF CIVILIAN EMPLOYEES - FIELD SERVICE ONLY ONE ADMINISTRATIVE ACTION TO GRANT A STATUTORY INCREASE IN COMPENSATION TO EMPLOYEES IN THE FIELD SERVICE UNDER THE WELCH ACT, AS DISTINGUISHED FROM AN ADMINISTRATIVE PROMOTION, WAS AUTHORIZED, AND IF AND WHEN THAT ACTION WAS TAKEN, THE SALARY ADJUSTMENT UNDER THAT STATUTE WAS COMPLETED PRECLUDING ANY FURTHER INCREASE IN COMPENSATION NOW AS A STATUTORY RIGHT UNDER THE WELCH ACT, AND ANY ADJUSTMENTS IN COMPENSATION AUTHORIZED UNDER THE BROOKHART SALARY ACT MUST BE MADE ON THE BASIS OF THE ADMINISTRATIVE ACTION ACTUALLY TAKEN UNDER THE WELCH ACT.

COMPTROLLER GENERAL MCCARL TO MAJ. J. B. HARPER, DISBURSING OFFICER, UNITED STATES ARMY, DECEMBER 31, 1930:

THERE HAS BEEN RECEIVED YOUR COMMUNICATION OF NOVEMBER 13, 1930, THROUGH THE OFFICE OF THE CHIEF OF FINANCE, UNITED STATES ARMY, AS FOLLOWS:

1. IN CONNECTION WITH THE CASES OF SPENCER BURROUGH AND MILLARD F. CAVE, AND AS A GUIDE IN DETERMINING RIGHTS IN SIMILAR OR NEARLY SIMILAR CASES, THE FOLLOWING INFORMATION IS NECESSARY:

(A) IF MONEY IS NOW AVAILABLE UNDER FISCAL YEAR 1929 APPROPRIATION, CAN INCREASE BE PAID FROM THAT APPROPRIATION BY REASON OF THE WELCH BILL, AND IF SO, HOW MUCH, IN VIEW OF STATEMENT IN 10 COMP. GEN 49 THAT PAY MUST COINCIDE EXACTLY WITH ONE OF THE RATES IN THE BROOKHART ACT?

(B) IS THE NEAREST SALARY RATE, OR THE AVAILABILITY OF APPROPRIATION TO BE CONTROLLING IN DETERMINING WHETHER INCREASE IS PROPERLY PAYABLE, AND IF THE LATTER, WHAT CONSIDERATION SHOULD BE GIVEN TO THE FIRST POINT?

(C) IN CONNECTION WITH THE AVAILABILITY OF APPROPRIATION, DOES THE COMPTROLLER GENERAL MEAN NOW AVAILABLE, OR AVAILABLE UNDER SAME APPROPRIATION AT TIME WELCH BILL INCREASES WERE MADE?

IN CONNECTION THEREWITH THE CHIEF OF FINANCE HAS ADDRESSED THIS OFFICE, UNDER DATE OF NOVEMBER 25, 1930, AS FOLLOWS:

1. IT IS REQUESTED THAT THE PRECEDING INDORSEMENT OF MAJOR J. B. HARPER, F.D., HEREON BE CONSIDERED AS A REQUEST FOR AMPLIFICATION OF THE BASIC DECISION, A-33547, DATE OCTOBER 6, 1930, RELATIVE TO A SUPPLEMENTAL PAY ROLL COVERING ADDITIONAL COMPENSATION CLAIMED BY SPENCER BURROUGHS AND MILLARD F. CAVE UNDER THE PROVISIONS OF THE BROOKHART ACT OF JULY 3, 1930 (46 STAT. 1003).

2. THE BASIC DECISION HOLDS THAT, SINCE THE TWO FIELD EMPLOYEES IN QUESTION WERE RECEIVING $2,020.00 ON JUNE 30, 1928, A SALARY RATE WHICH DID NOT CORRESPOND EXACTLY TO A SALARY RATE PRESCRIBED BY THE CLASSIFICATION ACT, THE NEAREST SALARY RATE, EITHER ABOVE OR BELOW, IN THE DEPARTMENTAL GRADE CORRESPONDING TO THE FIELD GRADE SHOULD BE CONSIDERED AS THE CORRESPONDING SALARY RATE IN DETERMINING THEIR RIGHTS UNDER THE BROOKHART ACT; THAT ON THIS BASIS THESE TWO EMPLOYEES WERE ENTITLED, UNDER THE WELSH ACT OF MAY 28, 1928 (45 STAT. 776; U.S.C. 5: 673; SEC. 1603, MIL. LAWS, 1929), TO THE TWO SALARY STEPS TO WHICH EMPLOYEES IN GRADE CAF -5 RECEIVING $2,000.00 PER ANNUM WERE ENTITLED, WHEREAS THESE TWO EMPLOYEES RECEIVED AN INCREASE OF ONLY $180.00 PER ANNUM; AND THAT, SINCE THERE WAS A BALANCE AVAILABLE IN THE APPLICABLE APPROPRIATION FOR THE FISCAL YEAR 1929, THESE EMPLOYEES WERE NOT ENTITLED TO ANY ADDITIONAL INCREASE UNDER THE BROOKHART ACT, IN VIEW OF THE STATEMENTS IN DECISION OF AUGUST 12, 1930, 10 COMP. GEN. 71, WHICH DECISION HELD THAT, IF EMPLOYEES WERE ENTITLED TO A TWO-STEP INCREASE UNDER THE WELSH ACT, AND THE AVAILABLE APPROPRIATIONS WERE ADEQUATE THEREFOR, THEY ARE NOT ENTITLED TO ANY INCREASE UNDER THE BROOKHART ACT, BUT THAT, IF THE SAID APPROPRIATIONS ARE EXHAUSTED, SUCH EMPLOYEES ARE ENTITLED TO AN INCREASE UNDER THE BROOKHART ACT.

3. WHILE THE BASIC DECISION SETS FORTH THE RIGHTS OF THE EMPLOYEES IN QUESTION UNDER THE BROOKHART ACT, IT APPEARS TO LEAVE OPEN A QUESTION AS TO THEIR POSSIBLE RIGHTS TO AN INCREASE OF AN ADDITIONAL STEP UNDER APPROPRIATIONS AVAILABLE TO PAY INCREASES UNDER THE WELCH ACT, AND IT IS ACCORDINGLY REQUESTED THAT THE QUESTIONS PRESENTED BY MAJOR HARPER IN THE PRECEDING INDORSEMENT BE GIVEN CONSIDERATION IN CONNECTION WITH THE SUPPLEMENTAL PAY ROLL SUBMITTED WITH HIS LETTER OF AUGUST 4, 1930, UNDER THE AUTHORITY CONTAINED IN THE ACT OF JULY 31, 1894 (28 STAT. 208; U.S.C. 31: 74). IT IS REQUESTED THAT THE FURTHER DECISION IN THIS MATTER, WHEN RENDERED, BE FORWARDED TO MAJOR HARPER THROUGH THIS OFFICE.

IN THE DECISION DATED OCTOBER 6, 1930, 10 COMP. GEN. 153, ADDRESSED TO YOU, INVOLVING THE CASES OF SPENCER BURROUGHS AND MILLARD F. CAVE, FIELD EMPLOYEES UNDER THE WAR DEPARTMENT, IT WAS STATED, AFTER QUOTING FROM THE DECISION OF AUGUST 8, 1930, 10 COMP. GEN. 63, AS FOLLOWS:

BASED ON THE PRINCIPLES THUS ANNOUNCED, DECISION OF AUGUST 12, 1930, A- 32852, 10 COMP. GEN. 71, STATED THE GENERAL RULES APPLICABLE TO THE FIELD SERVICE AS FOLLOWS:

"IF THE EMPLOYEES IN QUESTION WERE ENTITLED TO A TWO-STEP INCREASE UNDER THE ACT OF MAY 28, 1928, 45 STAT. 785, AND THE APPROPRIATIONS AVAILABLE FOR THE PAYMENT OF THEIR SALARIES FOR THE FISCAL YEAR 1929, INCLUDING THE DEFICIENCY APPROPRIATION MADE UNDER TITLE II OF THE ACT OF MARCH 4, 1929, 45 STAT. 1694, NOT OTHERWISE EXPENDED, WERE ADEQUATE THEREFOR (SEE DECISION OF MAY 3, 1929, A-24418), THEY ARE NOT ENTITLED TO ANY INCREASE UNDER THE ACT OF JULY 3, 1930, PUBLIC, NO. 523, 46 STAT. 1003.

"IF THE EMPLOYEES WERE ENTITLED TO AN INCREASE OF ONLY ONE STEP UNDER THE WELCH ACT OF MAY 28, 1928, AND THERE REMAINS AN UNEXPENDED BALANCE IN THE APPROPRIATIONS ABOVE INDICATED ADEQUATE FOR THE PAYMENT THEREOF, THEY ARE NOW ENTITLED TO AN INCREASE OF ONLY ONE STEP UNDER THE BROOKHART SALARY ACT IN THE GRADES HELD BY THEM ON JULY 3, 1930, IF SAID GRADES ARE OF THOSE WITHIN SAID ACT.

"IF THE SAID APPROPRIATIONS ARE EXHAUSTED, THE EMPLOYEES ARE ENTITLED, UNDER THE BROOKHART SALARY ACT, TO INCREASES OF TWO STEPS IN THE GRADES HELD JULY 3, 1930, IF THE GRADES ARE WITHIN SAID ACT. SEE DECISION OF JULY 16, 1930, A-32589, 10 COMP. GEN. 20.'

IN THE TWO CASES PRESENTED, THE EMPLOYEES ON JUNE 30, 1928, WERE RECEIVING $2,020 PER ANNUM IN FIELD GRADE 9 CORRESPONDING TO DEPARTMENTAL GRADE CAF-5. WHERE A SALARY RATE PAID JUNE 30, 1928, IN THE FIELD SERVICE DID NOT CORRESPOND EXACTLY WITH A SALARY RATE PRESCRIBED BY THE CLASSIFICATION ACT, THE NEAREST SALARY RATE, EITHER ABOVE OR BELOW IN THE DEPARTMENTAL GRADE CORRESPONDING TO THE FIELD GRADE, SHOULD BE CONSIDERED AS THE CORRESPONDING SALARY RATE IN DETERMINING RIGHTS UNDER THE BROOKHART SALARY ACT BY THE APPLICATION OF THE PRINCIPLES ANNOUNCED BY THE DECISIONS OF THIS OFFICE ABOVE CITED. THE SALARY RATE OF $2,020 PER ANNUM AS IN GRADE CAF-5 IS NEAREST THE SALARY RATE OF $2,000 PER ANNUM. EMPLOYEES IN THE DEPARTMENTAL SERVICE IN GRADE CAF-5 RECEIVING $2,000 PER ANNUM JUNE 30, 1928, WERE ENTITLED TO TWO STEPS OR SALARY RATES OF $100 EACH, OR $200, ON JULY 1, 1928, UNDER THE TERMS OF THE WELCH ACT. 7 COMP. GEN. 765. THE BOOKS OF THIS OFFICE DISCLOSE A BALANCE OF $16,064.11 IN THE FIELD APPROPRIATION "FINANCE SERVICE, ARMY, 1929.' UNDER THE PRINCIPLE ANNOUNCED IN THE FIRST PARAGRAPH QUOTED ABOVE FROM THE DECISION OF AUGUST 12, 1930, A-32852, 10 COMP. GEN. 71, THE TWO EMPLOYEES IN QUESTION ARE NOT ENTITLED TO ANY ADDITIONAL INCREASE UNDER THE TERMS OF THE BROOKHART SALARY ACT.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO MAKE PAYMENT ON THE VOUCHER IN THE FORM OF A SUPPLEMENTAL PAY ROLL.

THERE WAS NOT CONSIDERED IN THE DECISION OF OCTOBER 6, 1930, NOR IN THE PRIOR DECISIONS THEREIN CITED, THE PRESENT RIGHT OF AN EMPLOYEE TO FURTHER ADJUSTMENTS IN COMPENSATION UNDER THE TERMS OF THE WELCH ACT. ADJUSTMENTS IN THE FIELD SERVICES UNDER THAT STATUTE WERE NOT AUTOMATIC. THERE WAS INVOLVED A DETERMINATION BY THE PARTICULAR ADMINISTRATIVE OFFICE CONCERNED AS TO WHAT GRADE AND SALARY RATE WAS PROPERLY PAYABLE FOR A FIELD-SERVICE POSITION TO CORRESPOND AS NEARLY AS PRACTICABLE TO THE GRADE AND SALARY RATE FIXED BY THE CLASSIFICATION ACT FOR A SIMILAR POSITION IN THE DEPARTMENTAL SERVICE. IF AN ADMINISTRATIVE OFFICE ACTUALLY DETERMINED THE MATTER AND FIXED A GRADE AND SALARY RATE FOR A FIELD-SERVICE POSITION UNDER THE TERMS OF THE WELCH ACT, THE RATE SO FIXED, IF WITHIN SUCH FIELD GRADE OR SALARY RANGE, WAS THE ONLY LEGAL SALARY RATE FOR THE POSITION. DECISION OF DECEMBER 11, 1930, A-34428, 10 COMP. GEN. 265. 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 REQUIRE SUCH ACTION, BUT THAT ACTION WOULD NOT RELATE BACK TO THE INITIAL SALARY ADJUSTMENT UNDER THE TERMS OF THE WELCH ACT.

REFERRING TO YOUR THREE QUESTION, (A), (B), AND (C), YOU ARE ADVISED THAT THE AVAILABILITY OF APPROPRIATIONS MENTIONED IN THE DECISIONS REFERS TO THE TIME THE ADJUSTMENTS UNDER THE WELCH ACT SHOULD HAVE BEEN MADE. THE BALANCE REMAINED UNEXPENDED IN APPROPRIATIONS AT THE END OF THE FISCAL YEAR 1929 WAS REFERRED TO SIMPLY AS EVIDENCE TO SHOW THAT LACK OF APPROPRIATIONS WAS NOT THE CONTROLLING FACTOR IN FAILING TO GRANT ANY OR LARGER INCREASES UNDER THE WELCH ACT.

YOU ARE ADVISED, THEREFORE, THAT IN THE CASE OF THE TWO EMPLOYEES IN QUESTION, IT APPEARING THAT ADMINISTRATIVE ACTION UNDER THE WELCH ACT WAS ACTUALLY TAKEN AND THE REASON FOR FAILURE TO GRANT A LARGER INCREASE NOT BEING DUE TO LACK OF APPROPRIATIONS, SAID EMPLOYEES ARE NOT ENTITLED TO ANY FURTHER STATUTORY ADJUSTMENT OF THEIR SALARY RATES UNDER THE TERMS OF THE WELCH OR BROOKHART SALARY ACTS.