B-150526, JAN. 2, 1963

B-150526: Jan 2, 1963

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TO THE SECRETARY OF THE NAVY: THERE IS BEFORE OUR OFFICE THE CLAIM OF VIOLETTE K. OTHERWISE WOULD HAVE COMPLETED AN AGGREGATE PERIOD OF SERVICE FOR LONGEVITY STEP INCREASE IN GS-5 ON MAY 16. SHE WAS PROMOTED TO STEP F OF GS-6 ON AUGUST 21. WHICH WAS LATER CHANGED BACK TO STEP G OF GS-5 ON APRIL 16. THE CHANGE TO A LOWER GRADE WAS APPEALED TO THE TWELFTH UNITED STATES CIVIL SERVICE REGION AND THE ALLOCATION OF THE AGENCY WAS SUSTAINED. THE FIRST LONGEVITY STEP INCREASE IN GS-5 WOULD HAVE BEEN GRANTED TO THE EMPLOYEE EFFECTIVE MAY 28. DUE TO THE PROMOTION (RECLASSIFICATION) SHE WAS INFORMED THAT CREDIT FOR A SUBSTANTIAL PERIOD OF PRIOR SERVICE TOWARD THE FIRST LONGEVITY STEP HAD BEEN LOST AND SUCH PERIOD WOULD NOT BE COMPLETED UNTIL APRIL 15.

B-150526, JAN. 2, 1963

TO THE SECRETARY OF THE NAVY:

THERE IS BEFORE OUR OFFICE THE CLAIM OF VIOLETTE K. WINGERT, AN EMPLOYEE OF THE DISTRICT SUPPLY DIVISION, TWELFTH NAVAL DISTRICT, STAFF HEADQUARTERS, SAN FRANCISCO, CALIFORNIA, FOR A LONGEVITY STEP INCREASE.

THE RECORD SHOWS THAT THE CLAIMANT RECEIVED A PERIODIC STEP INCREASE TO THE MAXIMUM SCHEDULED OF GS-5 ON NOVEMBER 17, 1957, AND OTHERWISE WOULD HAVE COMPLETED AN AGGREGATE PERIOD OF SERVICE FOR LONGEVITY STEP INCREASE IN GS-5 ON MAY 16, 1961. HOWEVER, SHE WAS PROMOTED TO STEP F OF GS-6 ON AUGUST 21, 1960, AS A RESULT OF RECLASSIFICATION BY HEADQUARTERS, TWELFTH NAVAL DISTRICT, WHICH WAS LATER CHANGED BACK TO STEP G OF GS-5 ON APRIL 16, 1961, AS A RESULT OF ANOTHER RECLASSIFICATION DIRECTED BY THE DEPARTMENT OF THE NAVY. THE CHANGE TO A LOWER GRADE WAS APPEALED TO THE TWELFTH UNITED STATES CIVIL SERVICE REGION AND THE ALLOCATION OF THE AGENCY WAS SUSTAINED. THE FIRST LONGEVITY STEP INCREASE IN GS-5 WOULD HAVE BEEN GRANTED TO THE EMPLOYEE EFFECTIVE MAY 28, 1961, BUT DUE TO THE PROMOTION (RECLASSIFICATION) SHE WAS INFORMED THAT CREDIT FOR A SUBSTANTIAL PERIOD OF PRIOR SERVICE TOWARD THE FIRST LONGEVITY STEP HAD BEEN LOST AND SUCH PERIOD WOULD NOT BE COMPLETED UNTIL APRIL 15, 1964. THE ADMINISTRATIVE OFFICE CITED SECTION 703 (A) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 968, AS AMENDED (IN EFFECT AT THAT TIME), PROVIDING FOR A LONGEVITY STEP INCREASE FOR EACH THREE YEARS OF CONTINUOUS SERVICE COMPLETED AT THE MAXIMUM RATE OR AT A RATE IN EXCESS THEREOF WITHOUT INCREASE IN GRADE OR RATE OF BASIC COMPENSATION. IT WAS ADMINISTRATIVELY DETERMINED THAT THE RECLASSIFICATION ACTION OF AUGUST 21, 1960, CONSTITUTED AN INCREASE IN GRADE AND RATE AND THAT THE SERVICE PRIOR TO THAT TIME COULD NOT BE COUNTED TOWARD THE THREE-YEAR WAITING PERIOD.

WE ENCLOSE A COPY OF OUR DECISION OF DECEMBER 17, 1962, B-150286, YOUR ATTENTION BEING INVITED TO THE ANSWER TO THE QUESTION INVOLVED IN CASE 2, THE CIRCUMSTANCES THEREOF BEING SIMILAR TO THOSE SURROUNDING MRS. WINGERT'S CLAIM. ON THE BASIS OF THAT DECISION, MRS. WINGERT'S COMPENSATION SHOULD BE ADJUSTED TO REFLECT ENTITLEMENT TO THE LONGEVITY INCREASE IN GRADE GS-5 WITHOUT REGARD TO HER PROMOTION (RECLASSIFICATION) TO GRADE GS-6 AND SUBSEQUENT CANCELLATION THEREOF.

THIS MATTER HAS BEEN THE SUBJECT OF CORRESPONDENCE WITH THE OFFICE OF INDUSTRIAL RELATIONS (OIR 270: MEC).

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