B-143817, OCT. 6, 1960

B-143817, OCT. 6, 1960

TO MR. RICHARD A. LEHAN:

YOUR LETTER OF SEPTEMBER 9, 1960, REQUESTS CLARIFICATION OF SOME STATEMENTS WHICH WERE MADE IN OUR SETTLEMENT LETTER OF AUGUST 5, 1960, Z- 2085870, TO YOU, WHICH DISALLOWED YOUR CLAIM FOR AN UPWARD ADJUSTMENT IN YOUR SALARY RATE AS AN EMPLOYEE OF THE ROBBINS AIR FORCE BASE, GEORGIA.

YOU SAY YOUR LETTER IS NOT AN APPEAL OF THE SETTLEMENT, BUT YOU INQUIRE WHETHER IT IS LEGAL TO PAY AN EMPLOYEE LESS THAN THE MINIMUM AMOUNT HE STATED IN PART 14B OF HIS APPLICATION FOR FEDERAL EMPLOYMENT, STANDARD FORM 57,"IF THE PERSON IS PROCESSED AND ACCEPTED ON THE BASIS OF THIS FORM? " SUCH "AVAILABILITY INFORMATION," IN ITEM 14 AND ITS SEVERAL PARTS, USUALLY IS REGARDED AS THE APPLICANT'S PREFERENCES IN MATTERS OF ENTRANCE SALARY RATE AND GRADE, TERM AND PLACE OF SERVICE DESIRED, AND WILLINGNESS TO TRAVEL. WE ARE NOT AWARE OF A STATUTE, OR OF A REGULATION, OR POLICY HAVING THE FORCE AND EFFECT OF LAW, WHEREUNDER AN APPLICANT'S STATEMENTS IN THE SEVERAL PARTS OF ITEM 14 OF STANDARD FORM 57 WOULD BE BINDING UPON THE EMPLOYING AGENCY OR UPON ITS OFFICIALS IN THEIR INTERVIEWING OF THE APPLICANT. SUCH FORM AND OTHER RELATED PRELIMINARY PROCEDURES PRIOR TO THE FORMAL APPOINTMENT PAPERS ARE NOT USUALLY REGARDED IN THE CONTRACTUAL SENSE OF AN OFFER BY THE EMPLOYEE AND AN ACCEPTANCE BY THE AGENCY. THE CONTRACTUAL SITUATION RESULTING THEREFROM IS SOMEWHAT THE REVERSE. BY THE TENDER TO THE PROSPECTIVE EMPLOYEE OF AN APPOINTMENT DOCUMENT, STANDARD FORM 50 IN YOUR CASE, THE AGENCY OFFERS THE SPECIFIC POSITION AS DESCRIBED THEREON. THE ACCEPTANCE IS MADE BY THE EMPLOYEE WHEN HE ENTERS ON DUTY OR OTHERWISE ACTS UNDER AUTHORITY OF THE FORM 50 AND COMPLETES OTHER INCIDENTAL PAPERS, SUCH AS AFFIDAVITS WHICH MAY BE REQUIRED BY LAW.

THE STANDARD FORM 50 IN YOUR CASE SPECIFIED THAT EFFECTIVE DECEMBER 28, 1959, YOU WOULD BE TRANSFERRED TO THE SPECIFIC POSITION, ELECTRONIC QC INSPECTOR, POSITION NO. HUG-458, WHICH WAS THEN AVAILABLE AND OFFERED TO YOU, IN THE SERIES AND GRADED AND AT THE HOURLY WAGE RATE NAMED IN THE FORM 50. IF YOU WERE NOT AGREEABLE TO SUCH A TRANSFER, OR IF SUCH NAMED POSITION AND WAGE RATE WERE NOT ACCEPTABLE TO YOU, ALL THAT YOU NEED HAVE DONE THEN WOULD HAVE BEEN TO HAVE REFUSED TO ACCEPT THE TRANSFER- APPOINTMENT. THE FUNDAMENTAL RULE IS THAT A GOVERNMENT EMPLOYEE IS ENTITLED TO COMPENSATION ONLY AT THE RATE OF PAY ATTACHED TO THE POSITION, AND FOR THE SERVICE HE RENDERS THEREIN, UNDER HIS APPOINTMENT AUTHORITY.