A-59561, JANUARY 16, 1935, 14 COMP. GEN. 554

A-59561, JANUARY 16, 1935, 14 COMP. GEN. 554

CLASSIFICATION - EMERGENCY POSITION - ADMINISTRATIVE PROMOTION THE RECLASSIFICATION OF AN EMERGENCY POSITION FROM ONE EXECUTIVE ORDER GRADE TO A HIGHER EXECUTIVE-ORDER GRADE, ACCOMPANIED BY AN INCREASE IN COMPENSATION FROM ONE RATE TO THE HIGHER RATE STATED IN THE EXECUTIVE- ORDER SCHEDULE FOR SUCH GRADES, WITH NO CHANGE IN DUTIES AND RESPONSIBILITIES, CONSTITUTES AN ADMINISTRATIVE PROMOTION AND IS PROHIBITED DURING THE CURRENT FISCAL YEAR.

COMPTROLLER GENERAL MCCARL TO THE CHAIRMAN, NATIONAL LABOR RELATIONS BOARD, JANUARY 16, 1935:

THERE HAS BEEN RECEIVED YOUR LETTER OF JANUARY 5, 1935, AS FOLLOWS:

I WISH TO LAY BEFORE YOU FOR AN OPINION A SET OF CIRCUMSTANCES WHICH HAS ARISEN IN CONNECTION WITH THE APPOINTMENT OF ONE OF OUR REGIONAL DIRECTORS.

DR. TOWNE JOSEPH NYLANDER SERVED AS ASSISTANT SECRETARY OF THE LOS ANGELES REGIONAL LABOR BOARD FROM APRIL 1, 1934, AT A SALARY OF $2,600 PER ANNUM, UP TO THE DATE OF HIS APPOINTMENT AS ASSOCIATE DIRECTOR ON OCTOBER 1, 1934.

AT THE TIME OF HIS APPOINTMENT AS ASSOCIATE DIRECTOR THE BOARD INCREASED HIS SALARY TO $4,000, WITH THE UNDERSTANDING THAT IF HE SUCCESSFULLY DISCHARGED THE DUTIES OF THE DIRECTORSHIP HE SHOULD, AS OF JANUARY 1ST, RECEIVE $4,500, WHICH IS THE MINIMUM PAID DIRECTORS OF THE REGIONAL LABOR BOARDS FOR FULL-TIME SERVICE. A SHORT TIME AFTER HIS APPOINTMENT AS ASSOCIATE DIRECTOR, HIS TITLE WAS CHANGED TO REGIONAL DIRECTOR.

SINCE DR. NYLANDER WAS ESTABLISHED FIRST AS ASSOCIATE DIRECTOR WITH A SUBSEQUENT CHANGE TO REGIONAL DIRECTOR ON PROBATION, WOULD YOU NOT CONSTRUE THE INCREASE TO $4,500 AS BEING IMPLICIT IN THE CHANGE TO REGIONAL DIRECTOR?

DR. NYLANDER HAS MADE GOOD AS REGIONAL DIRECTOR, AND THIS BOARD WOULD LIKE YOUR INTERPRETATION IN ADVANCE OF ITS PROPOSAL TO MAKE GOOD ITS PROMISE. I WOULD APPRECIATE AN EARLY REPLY.

THE NATIONAL LABOR RELATIONS BOARD WAS CREATED BY EXECUTIVE ORDER NO. 6763, DATED JUNE 29, 1934, UNDER AUTHORITY OF THE NATIONAL INDUSTRIAL RECOVERY ACT AND THE JOINT RESOLUTION OF JUNE 19, 1934, 48 STAT. 1183, ENACTED TO FURTHER EFFECTUATE THE POLICIES OF THE NATIONAL INDUSTRIAL RECOVERY ACT, AND, THEREFORE, IS ONE OF THE "EMERGENCY AGENCIES" WITHIN THE MEANING AND INTENT OF EXECUTIVE ORDER. NO. 6746, DATED JUNE 21, 1934, REQUIRING THE HEADS OF EXISTING AGENCIES AND THOSE THEREAFTER CREATED TO

* * * CLASSIFY THE POSITIONS OF THE EMPLOYEES OF THEIR RESPECTIVE AGENCIES NOW IN THE SERVICE OR HEREAFTER APPOINTED IN ACCORDANCE WITH THE FOLLOWING SALARY SCHEDULE AND ADJUST AND FIX THE RATES OF COMPENSATION THEREFOR AT AMOUNTS NOT IN EXCESS OF THOSE PRESCRIBED THEREIN FOR THE CORRESPONDING GRADES.

BOTH THE SALARY RATES OF $4,000 AND $4,500 PER ANNUM APPEAR IN THE EXECUTIVE ORDER SCHEDULE AS THE SALARY RATES FOR GRADES 13 AND 14, RESPECTIVELY. IT IS UNDERSTOOD THAT THE BOARD CLASSIFIED THE POSITION OF ASSOCIATE DIRECTOR, THE TITLE OF WHICH WAS LATER CHANGED TO REGIONAL DIRECTOR WITH NO CHANGE IN DUTIES AND RESPONSIBILITIES, OCCUPIED BY DR. NYLANDER, IN EXECUTIVE ORDER GRADE NO. 13 WITH SALARY RATE OF $4,000 PER ANNUM. IF SO, AND THE CHANGE FROM ASSOCIATE DIRECTOR TO REGIONAL DIRECTOR WAS MERELY ONE OF TITLE DESIGNATION AND NOT THE PROMOTION OR TRANSFER OF THE INCUMBENT FROM ONE DISTINCT OFFICE OR POSITION TO ANOTHER, THE ADVANCEMENT OF THE POSITION TO GRADE 14 WITH SALARY RATE OF $4,500 PER ANNUM, WITH NO SUBSTANTIAL CHANGE IN DUTIES AND RESPONSIBILITIES, WOULD BE PROHIBITED DURING THE CURRENT FISCAL YEAR AS AN ADMINISTRATIVE PROMOTION BY THE TERMS OF SECTION 7 OF THE ACT OF MARCH 3, 1933, 47 STAT. 1515, AS EXTENDED THROUGH THE FISCAL YEAR 1935 BY SECTION 24 OF THE ACT OF MARCH 28, 1934, 48 STAT. 522.

ACCORDINGLY, ON THE BASIS OF THE FACTS PRESENTED, YOU ARE ADVISED THAT THE PROPOSED INCREASE IN COMPENSATION IS NOT AUTHORIZED DURING THE CURRENT FISCAL YEAR.