B-106606, DECEMBER 3, 1951, 31 COMP. GEN. 200

B-106606, DECEMBER 3, 1951, 31 COMP. GEN. 200

COMPENSATION - INCREASES UNDER CLASSIFICATION ACT OF 1949, AS AMENDED - POSITION CLASSIFICATION REQUIREMENT TEMPORARY EMPLOYEES OF THE DEPARTMENT OF LABOR WHOSE SALARIES ARE PAID FROM AN APPROPRIATION FOR REVISION OF THE CONSUMERS' PRICE INDEX WHICH VESTS AUTHORITY IN THE SECRETARY OF LABOR TO FIX THE COMPENSATION OF EMPLOYEES ENGAGED UPON SUCH WORK WITHOUT REGARD TO THE CIVIL SERVICE AND CLASSIFICATION LAWS, BUT WHO FOR ADMINISTRATIVE REASONS ARE REGARDED AS OCCUPYING CLASSIFIED POSITIONS, ARE NOT ENTITLED TO THE INCREASE IN COMPENSATION AUTHORIZED BY THE INCREASED COMPENSATION AMENDMENT OF THE CLASSIFICATION ACT OF 1949, IN THE ABSENCE OF A FINAL DETERMINATION BY THE CIVIL SERVICE COMMISSION THAT SUCH EMPLOYEES OCCUPY POSITIONS SUBJECT TO THE SAID 1949 ACT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF LABOR, DECEMBER 3, 1951:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 16, 1951, REQUESTING A DECISION AS TO WHETHER TEMPORARY EMPLOYEES OF THE DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS, WHOSE SALARIES ARE PAID FROM FUNDS APPROPRIATED FOR REVISION OF THE CONSUMERS' PRICE INDEX, ARE ENTITLED TO INCREASE IN COMPENSATION PURSUANT TO THE PROVISIONS OF PUBLIC LAW 201, APPROVED OCTOBER 24, 1951, 65 STAT. 612.

YOUR LETTER RELATES THAT UNDER SEVERAL APPROPRIATION ACTS FOR THE DEPARTMENT OF LABOR, INCLUDING THAT FOR THE CURRENT FISCAL YEAR, AUTHORITY HAS BEEN VESTED IN THE SECRETARY OF LABOR TO FIX RATES OF COMPENSATION OF TEMPORARY EMPLOYEES ENGAGED UPON THE WORK OF REVISING THE INDEX WITHOUT REGARD TO THE CIVIL SERVICE AND CLASSIFICATION LAWS. YOUR LETTER FURTHER RELATES THAT SUCH AUTHORITY HAS BEEN DEEMED PERMISSIVE AND THAT FOR ADMINISTRATIVE REASONS SUCH TEMPORARY EMPLOYEES, 97 PERCENT OF WHOM ARE STATED TO OCCUPY POSITIONS ALLOCATED BY THE CIVIL SERVICE COMMISSION, HAVE BEEN REGARDED AS EMPLOYEES OCCUPYING POSITIONS SUBJECT TO AND COVERED BY THE CLASSIFICATION LAWS. UPON THAT BASIS, A DISTINCTION IS SOUGHT TO BE DRAWN BETWEEN THE STATUS OF THE TEMPORARY EMPLOYEES HERE UNDER CONSIDERATION AND THAT OF THE "UNGRADED" EMPLOYEES CONSIDERED IN OFFICE DECISION OF NOVEMBER 6, 1951, B-106332, 31 COMP. GEN. 163, TO THE SECRETARY OF COMMERCE, WITH THE OBJECTIVE OF PAYING SUCH EMPLOYEES THE INCREASES AUTHORIZED BY PUBLIC LAW 201 TO BE PAID TO EMPLOYEES SUBJECT BY LAW TO THE CLASSIFICATION ACT. UPON THE BASIS OF THE FOREGOING AND OTHER FACTS RECITED IN YOUR LETTER, THE QUESTION APPEARS TO RESOLVE ITSELF INTO ONE AS TO WHETHER THE EMPLOYEES UNDER CONSIDERATION LEGALLY OCCUPY POSITIONS SUBJECT TO THE CLASSIFICATION ACT OF 1949, 63 STAT. 954.

THE AUTHORITY TO DETERMINE FINALLY THE COVERAGE AND EXEMPTIONS OF THE CLASSIFICATION ACT OF 1949, WITH RESPECT TO SPECIFIC POSITIONS, OFFICERS AND EMPLOYEES IS, BY SECTION 203 OF THAT ACT, 63 STAT. 956, LODGED IN THE CIVIL SERVICE COMMISSION. ACCORDINGLY, SINCE IN THE INSTANT CASE THERE EXISTS A REAL DOUBT AS TO THE STATUS OF THE TEMPORARY EMPLOYEES REFERRED TO IN YOUR LETTER, THIS OFFICE CANNOT AUTHORIZE PAYMENT TO THEM OF THE INCREASE IN COMPENSATION PURSUANT TO PUBLIC LAW 201 IN THE ABSENCE OF A FINAL DETERMINATION BY THE " COMMISSION" THAT THE POSITIONS OCCUPIED BY SUCH EMPLOYEES ARE SUBJECT TO THE CLASSIFICATION ACT OF 1949.