B-118579, FEBRUARY 25, 1954, 33 COMP. GEN. 375

B-118579, FEBRUARY 25, 1954, 33 COMP. GEN. 375

COMPENSATION - LONGEVITY INCREASES UNDER CLASSIFICATION ACT OF 1949 - SERVICE IN GRADE REQUIREMENTS AN EMPLOYEE WHO HAS COMPLETED THREE YEARS OF CONTINUOUS SERVICE AT TOP SALARY STEP OF GRADE IS NOT ENTITLED TO A LONGEVITY STEP-INCREASE UNDER THE CLASSIFICATION ACT OF 1949 UNTIL COMPLETION OF AN AGGREGATE OF TEN YEARS OF SERVICE IN SUCH GRADE OR EQUIVALENT OR HIGHER CLASS OR GRADE.

COMPTROLLER GENERAL WARREN TO THE CHAIRMAN, NATIONAL LABOR RELATIONS BOARD, FEBRUARY 25, 1954:

REFERENCE IS MADE TO YOUR LETTER OF FEBRUARY 1, 1954, REQUESTING DECISION WITH RESPECT TO THE RIGHT OF AN EMPLOYEE OF YOUR AGENCY TO BE GRANTED A LONGEVITY INCREASE IN JUNE 1951, UNDER THE FACTS AND CIRCUMSTANCES HEREINAFTER RELATED. YOU STATE THAT THE EMPLOYEE IN QUESTION ENTERED UPON DUTY WITH YOUR AGENCY JUNE 14, 1937, AND SERVED CONTINUOUSLY TO DATE IN POSITIONS IN GRADE CAF OR GS-4, 5 ,6 AND 7; THAT THE DUTIES OF THESE POSITIONS HAVE BEEN SIMILAR WITH RESPECT TO THE SUBJECT MATTER OF THE WORK PERFORMED; THAT THE EMPLOYEE WAS CLASSIFIED IN GRADE CAF-4 FROM JUNE 14, 1937, TO JUNE 30, 1942, AND IN GRADE GS-5 FROM JULY 1, 1942, TO MAY 7, 1945; THAT ON MAY 8, 1945, HE WAS PROMOTED TO GRADE GS-7; THAT SUBSEQUENT WITHIN GRADE INCREASES WERE MADE ANNUALLY--- THE EMPLOYEE HAVING RECEIVED AN INCREASE TO THE FOURTH STEP OF THE GRADE ON JUNE 13, 1948; THAT ON JUNE 26, 1949, HE WAS REASSIGNED TO GRADE GS-6 AT AN ANNUAL SALARY RATE OF $4, 103.40, THE TOP STEP OF GRADE GS-6 WHICH RATE CORRESPOND WITH THE FOURTH STEP OF GRADE GS-7 FROM WHICH DEMOTED; AND THAT NO CHANGE IN GRADE OR RATE OF COMPENSATION WAS MADE THEREAFTER UNTIL JANUARY 26, 1953, AT WHICH TIME THE EMPLOYEE WAS REPROMOTED TO GRADE 7, AT AN ANNUAL RATE OF $4,705, THE FIFTH STEP OF THAT GRADE.

SECTION 703 (A) AND (B) (6) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 968, 969, PROVIDES AS FOLLOWS:

SEC. 703 (A) SUBJECT TO SUBSECTION (B), AND AS A REWARD FOR LONG AND FAITHFUL SERVICE, EACH DEPARTMENT SHALL GRANT AN ADDITIONAL STEP INCREASE (TO BE KNOWN AS A LONGEVITY STEP-INCREASE) BEYOND THE MAXIMUM SCHEDULED RATE OF THE GRADE IN WHICH HIS POSITION IS PLACED, TO EACH OFFICER OR EMPLOYEE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED BY HIM AT SUCH MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF AUTHORIZED BY THIS SECTION WITHOUT CHANGE OF GRADE OR RATE OF BASIC COMPENSATION EXCEPT SUCH CHANGE AS MAY BE PRESCRIBED BY ANY PROVISION OF LAW OF GENERAL APPLICATION.

(6). THE OFFICER OR EMPLOYEE SHALL HAVE HAD, IN THE AGGREGATE, NOT LESS THAN TEN YEARS OF SERVICE IN THE POSITION WHICH HE THEN OCCUPIES, OR IN POSITIONS OF EQUIVALENT OR HIGHER CLASS OR GRADE.

AS THE EMPLOYEE IN QUESTION WAS NOT AT THE TOP SALARY OF GS-6 UNTIL JUNE 26, 1949, HIS THREE YEARS OF CONTINUOUS SERVICE AT THE TOP SALARY STEP OF THAT GRADE WERE NOT COMPLETED UNTIL JUNE 25, 1952--- NOT JUNE 12, 1951, AS STATED IN YOUR LETTER. BUT IN ADDITION TO THE REQUIREMENT OF THREE YEARS OF CONTINUOUS SERVICE AT THE MAXIMUM SALARY RATE OF THE GRADE, THERE ALSO MUST BE AN AGGREGATE OF TEN YEARS OF SERVICE IN THE POSITION HE THEN OCCUPIES OR IN POSITIONS OF EQUIVALENT OR HIGHER CLASS OR GRADE. THIS LATTER CONDITION HAD NOT BEEN MET AT THE TIME OF COMPLETION OF THE THREE YEARS OF CONTINUOUS SERVICE AT THE TOP SALARY STEP OF GRADE 6--- AT THAT TIME SUCH AGGREGATE SERVICE BEING ONLY SIX YEARS. HENCE, THERE IS NO PROPER BASIS FOR CONSIDERING ANY LONGEVITY DUE IN THIS CASE AS OF JUNE 1951. IF THE EMPLOYEE CONTINUES TO SERVE IN GRADE GS-7 NO LONGEVITY WILL BE FOR CONSIDERATION UNTIL HE SHALL HAVE SERVED THREE YEARS CONTINUOUSLY AT THE TOP SALARY RATE OF THAT GRADE. ON THE OTHER HAND, SHOULD THE EMPLOYEE BE DEMOTED BACK TO GRADE GS-6 AT THE TOP STEP OF THAT GRADE A LONGEVITY STEP INCREASE WOULD BE FOR CONSIDERATION IMMEDIATELY UPON HIS COMPLETION OF TEN YEARS AGGREGATE SERVICE BY COUNTING ALL SERVICE IN THAT GRADE AND INCLUDING THAT IN GRADE GS-7. SEE DECISION OF DECEMBER 16, 1953, B-117510, 33 COMP. GEN. 271.