B-14968, FEBRUARY 25, 1941, 20 COMP. GEN. 484

B-14968, FEBRUARY 25, 1941, 20 COMP. GEN. 484

CLASSIFICATION AND COMPENSATION - PART-TIME STENOGRAPHERS IN FIELD SERVICE POSITIONS OF PART-TIME STENOGRAPHERS EMPLOYED INTERMITTENTLY FOR SHORT PERIODS BY THE WAR DEPARTMENT IN THE FIELD ARE SUBJECT TO THE TERMS OF THE CLASSIFICATION ACT, AS AMENDED, UNLESS AND UNTIL THE PRESIDENT EXEMPTS SUCH POSITIONS FROM CLASSIFICATION BY EXECUTIVE ORDER PURSUANT TO THE AUTHORITY CONFERRED UPON HIM BY SECTION 4 OF THE ACT OF NOVEMBER 26, 1940. WHILE PAY ROLLS OR VOUCHERS COVERING PAYMENTS TO PART-TIME FIELD STENOGRAPHERS EMPLOYED IN POSITIONS UNDER THE CLASSIFICATION ACT SHOULD SHOW THE GRADE AND ANNUAL SALARY RATE ADMINISTRATIVELY FIXED FOR FULL TIME SERVICE AND THE PART-TIME SERVICE TO BE PERFORMED, IT WOULD BE PROPER TO FIX PER DIEM SALARY RATE FOR TIME ACTUALLY EMPLOYED COMPUTED UNDER SECTION 6 OF THE ACT OF JUNE 30, 1906, BY DIVIDING ANNUAL SALARY RATE BY 360. SINCE THE ANNUAL COMPENSATION OF PERSONS EMPLOYED ON A PART-TIME BASIS WITHOUT CIVIL SERVICE EXAMINATION UNDER THE PROVISIONS OF SCHEDULE A, SUBDIVISION 1, PARAGRAPH 6 OF THE CIVIL SERVICE RULES IS LIMITED BY SAID PROVISIONS TO AN AGGREGATE OF $540, THEIR APPOINTMENTS SHOULD INCLUDE A LIMITATION TO $540 PER ANNUM AND SUCH FACT SHOULD BE REFLECTED IN THE REMARKS COLUMN ON THE PAY ROLLS.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF WAR, FEBRUARY 25, 1941:

I HAVE A LETTER DATED FEBRUARY 10, 1941, FROM THE DIRECTOR OF PERSONNEL, WAR DEPARTMENT, AS FOLLOWS:

THE FOLLOWING LETTER FROM THE CIVIL SERVICE COMMISSION HAS BEEN RECEIVED BY THE DEPARTMENT:

"* * * THE COMMISSION GRANTS GENERAL AUTHORITY UNDER SCHEDULE A, SUBDIVISION 1, PARAGRAPH 6 OF THE CIVIL SERVICE RULES, FOR THE APPOINTMENT OF TECHNICIANS AND CLERKS INTERMITTENTLY FOR SHORT PERIODS OF TIME FOR DUTY WITH MEDICAL BOARDS AT INDUCTION CENTERS IN CONNECTION WITH THE SELECTIVE TRAINING PROGRAM. REPORTS OF THE APPOINTMENT OF SUCH PERSONNEL SHOULD BE MADE ON STANDARD FORM 4-A AND ROUTED THROUGH THE OFFICE OF THE APPROPRIATE CIVIL SERVICE DISTRICT MANAGER TO THE OFFICE OF THE SURGEON GENERAL AND THE CIVIL SERVICE COMMISSION.' ( ITALICS SUPPLIED.)

THE DEPARTMENT ALSO DESIRED TO EMPLOY SOME STENOGRAPHERS INTERMITTENTLY FOR SHORT PERIODS OF TIME TO TAKE THE DICTATION OF AN EXPERT CONSULTANT TO THE SECRETARY OF WAR ON OFFICIAL MATTERS WHILE THE EXPERT IS AWAY FROM OFFICIAL DUTY AT WASHINGTON AND IS ENGAGED TO WORK AT YALE UNIVERSITY. THE CIVIL SERVICE COMMISSION HAS TOLD THE DEPARTMENT INFORMALLY THAT SUCH EMPLOYMENTS MAY BE MADE UNDER PARAGRAPH 6, SECTION I, SCHEDULE A.

THE APPOINTMENTS CONTEMPLATED WILL CORRESPOND TO POSITIONS IN THE DEPARTMENT IN CLASSIFICATION GRADES. DECISION IS REQUESTED AS TO WHETHER THE APPOINTMENTS SHOULD READ, FOR EXAMPLE, JUNIOR STENOGRAPHER (CAF-2) AT $1,440 (INTERMITTENT PART TIME EMPLOYEE), OR WHETHER THE APPOINTMENTS MAY BE MADE UNDER SCHEDULE A-1-6 AT PER DIEM RATES OF PAY.

SCHEDULE A, ENTITLED " POSITIONS EXCEPTED FROM EXAMINATION UNDER SECTION 3, CIVIL SERVICE RULE II," SUBDIVISION I, PARAGRAPH 6, OF THE CIVIL SERVICE RULES, EXECUTIVE ORDER NO. 8043, DATED JANUARY 31, 1939, PROVIDES AS FOLLOWS:

ANY PERSON RECEIVING FROM ONE DEPARTMENT OR ESTABLISHMENT OF THE GOVERNMENT FOR HIS PERSONAL SALARY COMPENSATION AGGREGATING NOT MORE THAN $540 PER ANNUM WHOSE DUTIES REQUIRE ONLY A PORTION OF HIS TIME, OR WHOSE SERVICES ARE NEEDED FOR VERY BRIEF PERIODS AT INTERVALS, PROVIDED THAT EMPLOYMENT UNDER THIS PROVISION SHALL NOT BE FOR JOB WORK SUCH AS CONTEMPLATED IN SECTION 4 OF RULE VIII. THIS PARAGRAPH DOES NOT APPLY TO EMPLOYMENTS IN WASHINGTON, D.C. THE NAME OF THE EMPLOYEE, DESIGNATION, DUTIES, RATES OF PAY, AND PLACE OF EMPLOYMENT SHALL BE SHOWN IN THE PERIODICAL REPORTS OF CHANGES; AND IN ADDITION, WHEN PAYMENT IS NOT AT A PER ANNUM RATE, THE TOTAL SERVICE RENDERED AND DISTRIBUTION OF SUCH SERVICE DURING THE YEAR SHALL BE SHOWN IN THE REPORT OF CHANGES AT THE END OF EACH YEAR OR WHEN THE EMPLOYEE IS SEPARATED FROM THE SERVICE. THE ADDITIONAL EMPLOYMENT UNDER SIMILAR CONDITIONS OF SUCH A PERSON BY ANOTHER DEPARTMENT OR ESTABLISHMENT OF THE GOVERNMENT WILL BE SUBJECT TO THE APPROVAL OF THE CIVIL SERVICE COMMISSION.

EXEMPTION FROM THE COMPETITIVE CLASSIFIED CIVIL SERVICE BY EXECUTIVE ORDER OF PART-TIME STENOGRAPHERS IN THE FIELD DOES NOT EXEMPT SUCH PART TIME POSITIONS FROM THE CLASSIFICATION ACT. DECISION OF FEBRUARY 14, 1941, B-14697, 20 COMP. GEN. 451.

BY THE PROVISIONS OF SECTION 4 OF THE ACT OF NOVEMBER 26, 1940, 54 STAT. 1214, THE PRESIDENT HAS AUTHORITY TO EXCLUDE FROM THE TERMS OF THE CLASSIFICATION ACT "EMERGENCY OR SEASONAL OFFICES OR POSITIONS IN THE FIELD SERVICE, OR OTHER FIELD OFFICES OR POSITIONS, THE DUTIES OF WHICH ARE OF PURELY TEMPORARY DURATION, OR WHICH ARE REQUIRED ONLY FOR BRIEF PERIODS AT INTERVALS.' THE PART-TIME FIELD POSITIONS OF STENOGRAPHERS, THE DUTIES OF WHICH ARE DESCRIBED IN YOUR LETTER, WOULD APPEAR TO FALL WITHIN THE TERMS OF THE QUOTED PORTION OF THE STATUTE, AND WHILE THE PRESIDENT WOULD HAVE AUTHORITY THEREUNDER TO EXCLUDE, BY EXECUTIVE ORDER, SUCH POSITIONS FROM THE CLASSIFICATION ACT, IT IS UNDERSTOOD HE HAS NOT DONE SO. IN THE ABSENCE OF SUCH ACTION BY THE PRESIDENT--- IT BEING UNDERSTOOD THAT IT IS ADMINISTRATIVELY DESIRABLE OR NECESSARY THAT THE DUTIES OF THE PART-TIME STENOGRAPHERS IN QUESTION BE PERFORMED UNDER THE SUPERVISION AND CONTROL OF THE GOVERNMENT, IN LIEU OF EMPLOYMENT BY THE EXPERT CONSULTANT OF STENOGRAPHIC SERVICES WHILE IN A TRAVEL STATUS AS AUTHORIZED BY PARAGRAPH 75 OF THE STANDARDIZED GOVERNMENT TRAVEL REGULATIONS--- THERE IS NO ALTERNATIVE BUT TO CONCLUDE THAT THE PART-TIME FIELD POSITIONS OF STENOGRAPHERS DESCRIBED IN YOUR LETTER FALL WITHIN THE TERMS OF THE CLASSIFICATION ACT.

IN SUCH CIRCUMSTANCES, THE PAY ROLLS OR VOUCHERS SHOULD SHOW THE GRADE AND ANNUAL SALARY RATE ADMINISTRATIVELY FIXED FOR FULL-TIME SERVICE AND THE PART-TIME SERVICE TO BE PERFORMED. IT IS PROPER TO FIX A PER DIEM SALARY RATE FOR TIME ACTUALLY EMPLOYED COMPUTED UNDER THE TERMS OF SECTION 6 OF THE ACT OF JUNE 30, 1906, 34 STAT. 763, BY DIVIDING THE ANNUAL SALARY RATE, $1,440 PER ANNUM, BY 360, MAKING A PER DIEM SALARY RATE OF $4. THERE SHOULD BE A LIMITATION PLACED IN THE APPOINTMENT OF NOTE TO EXCEED AN AGGREGATE OF $540 PER ANNUM, AND SUCH FACT SHOULD BE REFLECTED IN THE REMARKS COLUMN ON THE PAY ROLLS OR VOUCHERS, IN ORDER TO MEET THE TERMS AND CONDITIONS OF SCHEDULE A, SUBDIVISION 1, PARAGRAPH 6, OF THE CIVIL SERVICE RULES, SUPRA. SEE 3 COMP. GEN. 866; 4 ID. 755; 5 ID. 73; 231; ID. 302; 11 ID. 105; ID. 211; ID. 217; ID. 362. COMPARE 5 ID. 136; 8 ID. 379; 11 ID. 260; 19 ID. 849.