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A-43098, JULY 7, 1932, 12 COMP. GEN. 5

A-43098 Jul 07, 1932
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REINSTATED EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE RATES OF PAY ARE READJUSTED AFTER DUE TRIAL OR QUALIFICATION. OF APPRENTICES AND OTHER EMPLOYEES IN TRAINING WHOSE RATES OF PAY ARE READJUSTED AFTER COMPLETING REQUIRED PERIODS OF INSTRUCTION OR AFTER GIVING SATISFACTORY EVIDENCE OF QUALIFICATION. ARE TO BE CONSIDERED AS ADMINISTRATIVE PROMOTIONS AND PROHIBITED DURING THE FISCAL YEAR 1933 UNDER SECTION 202 OF THE ACT OF JUNE 30. TEMPORARY OR PERMANENT UP AND DOWN RATING OF PER DIEM EMPLOYEES UNDER THE GOVERNMENT PRINTING OFFICE QUALIFIED TO PERFORM VARIOUS OPERATIONS FOR WHICH DIFFERENT RATES ARE PAID IN ACCORDANCE WITH AUTHORIZED WAGE SCHEDULES UNDER REGULATIONS PRESCRIBED BY THE PUBLIC PRINTER PURSUANT TO THE ACT OF JUNE 7.

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A-43098, JULY 7, 1932, 12 COMP. GEN. 5

ECONOMY ACT - ADMINISTRATIVE PROMOTIONS - GOVERNMENT PRINTING OFFICE INCREASES IN COMPENSATION OF EMERGENCY, PROBATIONARY, AND REINSTATED EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE RATES OF PAY ARE READJUSTED AFTER DUE TRIAL OR QUALIFICATION, AND OF APPRENTICES AND OTHER EMPLOYEES IN TRAINING WHOSE RATES OF PAY ARE READJUSTED AFTER COMPLETING REQUIRED PERIODS OF INSTRUCTION OR AFTER GIVING SATISFACTORY EVIDENCE OF QUALIFICATION, ARE TO BE CONSIDERED AS ADMINISTRATIVE PROMOTIONS AND PROHIBITED DURING THE FISCAL YEAR 1933 UNDER SECTION 202 OF THE ACT OF JUNE 30, 1932, 47 STAT. 403. TEMPORARY OR PERMANENT UP AND DOWN RATING OF PER DIEM EMPLOYEES UNDER THE GOVERNMENT PRINTING OFFICE QUALIFIED TO PERFORM VARIOUS OPERATIONS FOR WHICH DIFFERENT RATES ARE PAID IN ACCORDANCE WITH AUTHORIZED WAGE SCHEDULES UNDER REGULATIONS PRESCRIBED BY THE PUBLIC PRINTER PURSUANT TO THE ACT OF JUNE 7, 1924, 43 STAT. 658, AND THE PERIODIC READJUSTMENTS IN SALARY PAYMENTS OF TYPESETTING-MACHINE OPERATORS ON THE BASIS OF THE AMOUNT OF WORK DONE, OR PIECE WORK, ARE NOT ADMINISTRATIVE PROMOTIONS NOR PROHIBITED DURING THE FISCAL YEAR 1933 UNDER SECTION 202 OF THE ACT OF JUNE 30, 1932, 47 STAT. 403, PROVIDED NO INCREASE IS MADE ADMINISTRATIVELY IN THE RATES OF WAGES FOR THE VARIOUS TRADES OR IN THE RATES PER PIECE OR FOR THE AMOUNT OF WORK PERFORMED.

COMPTROLLER GENERAL MCCARL TO THE PUBLIC PRINTER, JULY 7, 1932:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF JUNE 25, 1932 AS FOLLOWS:

IN CONSIDERING THE APPLICATION TO THE GOVERNMENT PRINTING OFFICE OF THE ECONOMY PART OF THE LEGISLATIVE APPROPRIATION ACT FOR 1933, IF AND WHEN IT BECOMES A LAW, I RESPECTFULLY REQUEST YOUR ADVICE AS TO WHETHER THE FOLLOWING AND SIMILAR READJUSTMENTS IN THE RATES OF PAY OF EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE, BASED ON THEIR CHANGING QUALIFICATIONS AND THE VARYING REQUIREMENTS OF THE WORK FROM TIME TO TIME, CONSTITUTE ADMINISTRATIVE PROMOTIONS UNDER SECTION 202, IN VIEW OF THE ACT OF JUNE 7, 1924 (44 U.S.C., SECTION 40) PROVIDING FOR THE FIXING AND REGULATING OF RATES OF PAY FOR EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE AND OF SECTION 101 (A) OF THE LEGISLATIVE ACT FOR 1933, PROVIDING "NOTHING HEREIN CONTAINED SHALL BE CONSTITUTED (CONSTRUED) AS MODIFYING THE METHOD OF FIXING THE DAILY RATE OF COMPENSATION OF PER DIEM OFFICERS AND EMPLOYEES AS NOW AUTHORIZED BY LAW; " OR WHETHER SUCH READJUSTMENTS OF RATES OF PAY ARE TO BE CONSTRUED AS AUTOMATIC INCREASES IN COMPENSATION UNDER ANY PROVISION OF LAW SUSPENDED DURING THE FISCAL YEAR 1933 BY SECTION 201 OF SAID ACT:

1. EMERGENCY, PROBATIONARY, AND REINSTATED EMPLOYEES WHOSE RATES OF PAY ARE READJUSTED AFTER DUE TRIAL OR QUALIFICATION FOR PERMANENT APPOINTMENT. FOR EXAMPLE, EMERGENCY, PROBATIONARY, AND REINSTATED COMPOSITORS ARE PAID $1 PER HOUR UNTIL SUCH TIME AS THE PUBLIC PRINTER MAY DECIDE THEY ARE ENTITLED TO $1.05 PER HOUR, ACCORDING TO REGULATIONS GOVERNING RATES OF PAY FOR PRINTER EMPLOYEES ATTACHED HERETO AS EXHIBIT A. SIMILAR REGULATIONS APPLY TO OTHER TRADES AND ARE BASED ON WAGE SCALES ESTABLISHED UNDER AUTHORITY OF THE ACT OF JUNE 7, 1924. SEE ALSO EXHIBIT B RELATING TO PRESS FEEDERS AND BINDERS.

2. APPRENTICE AND OTHER TRAINING SERVICE OF EMPLOYEES WHOSE RATES OF PAY ARE READJUSTED AFTER COMPLETING REQUIRED PERIODS OF INSTRUCTION OR GIVING SATISFACTORY EVIDENCE OF QUALIFICATIONS FOR ASSIGNMENT TO OTHER WORK. FOR EXAMPLE, AN APPRENTICE IS PAID ONE-THIRD OF THE RATE OF WAGES OF HIS TRADE UPON SATISFACTORY EFFICIENCY RATING FOR THE FIRST YEAR, ONE-HALF FOR THE SECOND AND THIRD YEARS, AND TWO-THIRDS FOR THE FOURTH YEAR, OR SUCH OTHER PERIODS AS THE PUBLIC PRINTER MAY DESIGNATE; AND WHEN QUALIFIED, THE JOURNEYMAN RATE THEREAFTER. THE WORK OF AN APPRENTICE DIFFERS AND BECOMES MORE COMPLICATED EACH YEAR OF HIS TRAINING. SIMILAR PROCEDURE IS FOLLOWED IN READJUSTING THE RATES OF PAY FOR HELPERS IN SEVERAL TRADES OR OCCUPATIONS WHERE SPECIFIC TRAINING IS ALSO REQUIRED.

3. TEMPORARY OR PERMANENT UP AND DOWN RATING OF PER DIEM EMPLOYEES QUALIFIED TO PERFORM VARIOUS OPERATIONS FOR WHICH DIFFERENT RATES ARE PAID IN ACCORDANCE WITH AUTHORIZED WAGE SCALES. NOTE THE DIFFERENT RATES FOR PRINTERS IN EXHIBIT A AND THE SCALE OF PAY FOR BINDERY OPERATIVES IN EXHIBIT C. A FLEXIBLE FORCE AND ADJUSTABLE RATES OF PAY BASED ON THE WORK DONE ARE DEEMED ESSENTIAL TO AN EFFICIENT AND ECONOMICAL OPERATION OF THE GOVERNMENT PRINTING OFFICE. OTHERWISE, AN UNNECESSARILY LARGE OR FIXEDLY INSUFFICIENT FORCE WOULD INCREASE THE COST OR DELAY PRODUCTION. IT IS FREQUENTLY NECESSARY TO SHIFT PRINTERS, PRESSMEN, BOOKBINDERS, AND BINDERY OPERATIVES FROM ONE CLASS OF WORK TO ANOTHER FOR WHICH DIFFERENT RATES OF PAY ARE PROVIDED FOR IN THE FORMAL WAGE AGREEMENTS UNDER THE ACT OF JUNE 7, 1924. THEREFORE IT WOULD SEEM PROPER TO REGARD THE EMPLOYEES SO UP OR DOWN RATED AS HOLDING TEMPORARY OR EMERGENCY POSITIONS AND ACCORDINGLY EXEMPT FROM THE APPLICATION OF SECTIONS 202 AND 203. IT IS VITALLY IMPORTANT THAT THE GOVERNMENT PRINTING OFFICE BE PERMITTED TO CONTINUE THE READJUSTMENTS OF WAGES WITHIN THE PRESENT RATES ACCORDING TO THE CLASS OF WORK ACTUALLY DONE BY PER DIEM EMPLOYEES.

4. TYPESETTING-MACHINE OPERATORS ARE, UNDER ESTABLISHED WAGE SCALES, PAID ACCORDING TO THEIR MEASURABLE COMPOSITION ASCERTAINABLE AT REGULAR INTERVALS. NOTE THE REGULATIONS IN EXHIBIT A, WHICH HAVE BEEN IN EFFECT SINCE JULY 1, 1926. THE PERIODICAL READJUSTMENTS OF THE PAY OF TYPESETTING-MACHINE OPERATORS HAVE NOT BEEN CONSIDERED AS PROMOTIONS OR DEMOTIONS, BUT SIMPLY COMPENSATION FOR MEASURABLE WORK IN A SPECIFIED PERIOD WHICH BECOMES EFFECTIVE AUTOMATICALLY FOR A FIXED TIME THEREAFTER UNDER EXISTING WAGE AGREEMENTS.

IF THE FOREGOING READJUSTMENTS OF RATES OF PAY FROM TIME TO TIME ARE HELD TO BE ADMINISTRATIVE PROMOTIONS WITHIN THE SCOPE OF SECTION 202, CAN THEY BE CLASSED AS "ABSOLUTELY ESSENTIAL ITIONS," THE FILLING OF WHICH MAY BE AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES UNDER PROVISION (A) OF SECTION 203 OR AS "TEMPORARY, EMERGENCY, SEASONAL, OR COOPERATIVE POSITIONS" UNDER PROVISION (B) OF THE SAME SECTION AND THUS EXEMPT FROM ITS APPLICATION?

WHAT POSITIONS MAY BE CLASSED AS SEASONAL OR COOPERATIVE UNDER THIS EXCEPTION?

ARE THE AFOREMENTIONED READJUSTMENTS OF RATES TO BE REGARDED AS THE FILLING OF VACANCIES REQUIRING AUTHORIZATION BY THE PRESIDENT UNDER SECTION 202, WHICH BY ITS REFERENCE TO "THE MINIMUM RATE OF GRADE TO WHICH THE EMPLOYEE IS APPOINTED" SEEMS TO RELATE ONLY TO EMPLOYEES UNDER THE CLASSIFICATION ACT? THAT ACT DOES NOT APPLY TO EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE RATES OF WAGES ARE REGULATED BY THE PUBLIC PRINTER UNDER AUTHORITY OF THE ACT OF JUNE 7, 1924. AS A MATTER OF FACT, ORIGINAL APPOINTMENTS AND CHANGES OF WORK OF PER DIEM EMPLOYEES ARE NOT NECESSARILY THE FILLING OF VACANCIES, BUT ARE DEPENDENT UPON THE ADDITIONAL AMOUNT AND VARYING REQUIREMENTS OF THE SERVICE FROM TIME TO TIME AS THE WORK PROGRESSES.

SECTIONS 201, 202, AND 203 OF THE ACT OF JUNE 30, 1932, PUBLIC NO. 212, 47 STAT. 403, PROVIDE IN PART AS FOLLOWS:

ALL PROVISIONS OF LAW WHICH CONFER UPON CIVILIAN OR NONCIVILIAN OFFICERS OR EMPLOYEES OF THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION ARE SUSPENDED DURING THE FISCAL YEAR ENDING JUNE 30, 1933; BUT THIS SECTION SHALL NOT BE CONSTRUED TO DEPRIVE ANY PERSON OF AN INCREMENT OF COMPENSATION RECEIVED THROUGH AN AUTOMATIC INCREASE IN COMPENSATION PRIOR TO JULY 1, 1932.

NO ADMINISTRATIVE PROMOTIONS IN THE CIVIL BRANCH OF THE UNITED STATES GOVERNMENT OR THE GOVERNMENT OF THE DISTRICT OF COLUMBIA SHALL BE MADE DURING THE FISCAL YEAR ENDING JUNE 30, 1933: PROVIDED, THAT THE FILLING OF A VACANCY, WHEN AUTHORIZED BY THE PRESIDENT, BY THE APPOINTMENT OF AN EMPLOYEE OF A LOWER GRADE, SHALL NOT BE CONSTRUED AS AN ADMINISTRATIVE PROMOTION, BUT NO SUCH APPOINTMENT SHALL INCREASE THE COMPENSATION OF SUCH EMPLOYEE TO A RATE IN EXCESS OF THE MINIMUM RATE OF THE GRADE TO WHICH SUCH EMPLOYEE IS APPOINTED, UNLESS SUCH MINIMUM RATE WOULD REQUIRE AN ACTUAL REDUCTION IN COMPENSATION. * * *

NO APPROPRIATION AVAILABLE TO ANY EXECUTIVE DEPARTMENT OR INDEPENDENT ESTABLISHMENT OR TO THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA DURING THE FISCAL YEAR ENDING JUNE 30, 1933, SHALL BE USED TO PAY THE COMPENSATION OF AN INCUMBENT APPOINTED TO ANY CIVIL POSITION UNDER THE UNITED STATES GOVERNMENT OR THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA WHICH IS VACANT ON JULY 1, 1932, OR TO ANY SUCH POSITION WHICH MAY BECOME VACANT AFTER SUCH DATE: PROVIDED, THAT THIS INHIBITION SHALL NOT APPLY (A) TO ABSOLUTELY ESSENTIAL POSITIONS, THE FILLING OF WHICH MAY BE AUTHORIZED OR APPROVED IN WRITING BY THE PRESIDENT OF THE UNITED STATES, (B) TO TEMPORARY, EMERGENCY, SEASONAL, OR COOPERATIVE POSITIONS, *

CERTAIN OF THESE PROVISIONS FROM THEIR WORDING WOULD APPEAR TO HAVE BEEN FORMULATED WITH PARTICULAR REFERENCE TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, BUT THERE IS NOTHING IN THE TERMS OF THE PROVISIONS, OR OTHERWISE, TO INDICATE A PURPOSE OR INTENT THAT THEY ARE TO BE APPLIED ONLY TO EMPLOYEES COMING WITHIN THE PROVISIONS OF THAT ACT. CONSEQUENTLY, THEY ARE REQUIRED TO BE APPLIED TO ALL FEDERAL PERSONNEL NOT EXPRESSLY EXCEPTED, INCLUDING EMPLOYEES OF THE GOVERNMENT PRINTING OFFICE WHOSE RATES OF COMPENSATION ARE FIXED UNDER THE ACT OF JUNE 7, 1924, 43 STAT. 658.

THE PURPOSE AND INTENT OF THE ABOVE-QUOTED SECTIONS OF THE STATUTE ARE TO PROHIBIT THE USES OF APPROPRIATED FUNDS DURING THE FISCAL YEAR 1933 TO INCREASE THE COMPENSATION OF EMPLOYEES EITHER FOR INCREASED EFFICIENCY, ADDED EXPERIENCE, OR LENGTH OF SERVICE, AND TO PROHIBIT THE FILLING OF VACANCIES WITH THE EXPRESS EXCEPTIONS STATED.

CONSIDERATION WILL BE GIVEN TO THE FOUR PROPOSITIONS PRESENTED IN THE ORDER STATED IN YOUR LETTER.

1. IT WOULD SEEM FROM YOUR STATEMENTS AND THE TERMS OF THE REGULATIONS THAT THE INCREASE IN WAGES FROM $1 TO $1.05 PER HOUR AUTHORIZED FOR EMERGENCY, PROBATIONARY, AND REINSTATED EMPLOYEES UNDER THE CONDITIONS STATED IS GIVEN SOLELY FOR INCREASED EFFICIENCY OR ADDED EXPERIENCE AS DETERMINED BY THE PUBLIC PRINTER WITHIN HIS ADMINISTRATIVE DISCRETION. THIS BASIS THE INCREASE CLEARLY WOULD BE AN ADMINISTRATIVE PROMOTION AND PROHIBITED UNDER THE STATUTE DURING THE FISCAL YEAR 1933.

2. THE ADVANCE IN THE WAGES OF APPRENTICES AND OTHER EMPLOYEES IN TRAINING IS BASED ON INCREASED EFFICIENCY, ADDED EXPERIENCE, OR LENGTH OF SERVICE. THEREFORE, NO ADVANCES IN THE RATES OF COMPENSATION FOR SUCH EMPLOYEES ARE AUTHORIZED DURING THE FISCAL YEAR 1933.

3. ADMINISTRATIVE REGULATIONS APPROVED DECEMBER 17, 1924, UNDER THE TERMS OF THE ACT OF JUNE 7, 1924, SUPRA, CONTAIN THE FOLLOWING:

UP-AND-DOWN RATING FOR TEMPORARY CHANGES

EMPLOYEES MAY BE TRANSFERRED FROM ONE OCCUPATION OR POSITION TO ANOTHER WITHIN THEIR RESPECTIVE TRADES AND COMPENSATED AT THE RATE PROVIDED THEREFOR. IF SUCH TRANSFERS ARE TEMPORARY TO MEET THE EXIGENCIES OF THE WORK, EMPLOYEE SHALL CONTINUE TO RECEIVE HIS REGULAR RATE OF PAY, UNLESS THE WORK TO WHICH HE IS ASSIGNED CARRIES A HIGHER RATE, IN WHICH EVENT HE SHALL RECEIVE THE HIGHER RATE IF SO EMPLOYED FOR 3 1/2 OR MORE CONTINUOUS HOURS IN ANY ONE DAY. IF THE TRANSFER CARRIES A LOWER RATE OF PAY, THE EMPLOYEE SHALL CONTINUE TO RECEIVE HIS REGULAR RATE, UNLESS EMPLOYED AT LOWER RATE WORK FOR 8 OR MORE CONTINUOUS HOURS IN ANY ONE DAY, IN WHICH EVENT HE SHALL RECEIVE THE RATE OF PAY PROVIDED FOR THE WORK PERFORMED.

IN DECISION OF JANUARY 30, 1931, A-34771, CASE OF SPENCER C. ELLIS, AN EMPLOYEE OF THE GOVERNMENT PRINTING OFFICE, IT WAS HELD THAT THE TERMS OF THIS REGULATION CONSTITUTED A CONDITION OF THE APPOINTMENT OR CONTRACT OF EMPLOYMENT, AND THAT THE ADMINISTRATIVE OFFICE WAS AUTHORIZED TO REDUCE TEMPORARILY THE RATE OF COMPENSATION OF AN EMPLOYEE UNDER ITS TERMS. THE SAME IS TRUE AS TO TEMPORARY INCREASES IN COMPENSATION RESULTING BY THE APPLICATION OF THE CONDITIONS PRESCRIBED. VARIATIONS IN THE RATES OF PAY RESULTING FROM THE APPLICATION OF THIS REGULATION PROMULGATED UNDER AUTHORITY OF THE ACT OF JUNE 7, 1924, SUPRA, DO NOT CONSTITUTE ADMINISTRATIVE PROMOTIONS OR DEMOTIONS WITHIN THE MEANING OF THE ACT OF JUNE 30, 1932. OF COURSE, THERE IS NO AUTHORITY ADMINISTRATIVELY TO INCREASE THE RATES OF COMPENSATION FOR THE VARIOUS TRADES DURING THE FISCAL YEAR 1933.

4. IT IS UNDERSTOOD THAT TYPESETTING-MACHINE OPERATORS ARE PAID SOMEWHAT SIMILARLY TO A PIECEWORK BASIS. ADJUSTMENTS IN COMPENSATION UPWARD OR DOWNWARD IN THE AMOUNT PAID WOULD NOT CONSTITUTE PROMOTIONS OR DEMOTIONS, PROVIDED THE RATES PER PIECE OR ON THE BASIS OF THE AMOUNT OF WORK PERFORMED ARE NOT INCREASED OR DECREASED.

IN VIEW OF THE ABOVE, IT WOULD APPEAR UNNECESSARY TO ANSWER YOUR REMAINING QUESTIONS. WITH RESPECT TO WHAT POSITIONS MAY BE CLASSED AS "SEASONAL" OR "COOPERATIVE" WITHIN THE MEANING OF EXCEPTION (B) TO SECTION 203 OF THE STATUTE, IT IS DOUBTFUL IF THERE ARE ANY EMPLOYEES UNDER THE GOVERNMENT PRINTING OFFICE FALLING WITHIN THOSE CLASSES, BUT FURTHER CONSIDERATION WILL BE GIVEN TO THE MATTER IF AND WHEN THE STATUS OF SPECIFIC CLASSES OF EMPLOYEES THOUGHT TO COME WITHIN SUCH EXCEPTIONS IS PRESENTED.

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