B-20778, OCTOBER 13, 1941, 21 COMP. GEN. 323

B-20778, OCTOBER 13, 1941, 21 COMP. GEN. 323

COMPENSATION - WITHIN-GRADE PROMOTIONS - EMPLOYEES IN POSITIONS WITH MAXIMUM SALARY RATES FIXED BY LAW WHILE THE ACT OF MAY 27, 1936, FIXES THE MAXIMUM SALARIES OF SUPERVISING INSPECTORS AND PRINCIPAL TRAVELING INSPECTORS, BUREAU OF MARINE INSPECTION AND NAVIGATION, THE ACT DOES NOT PRECLUDE ADMINISTRATIVE ALLOCATION OF THE POSITIONS IN APPROPRIATE CLASSIFICATION ACT GRADES, AND WHERE SUCH PERSONNEL HAVE BEEN SO ALLOCATED, THEY ARE ENTITLED, SUBJECT TO THE MAXIMUM SALARY LIMITATIONS IN THE SAID ACT OF MAY 27, 1936, TO THE BENEFITS OF THE ACT OF AUGUST 1, 1941, PROVIDING A UNIFORM WITHIN-GRADE SALARY-ADVANCEMENT PLAN FOR EMPLOYEES WHOSE SALARY RATES ARE FIXED UNDER THE CLASSIFICATION ACT.

COMPTROLLER GENERAL WARREN TO THE SECRETARY OF COMMERCE, OCTOBER 13, 1941:

I HAVE YOUR LETTER OF SEPTEMBER 19, 1941, AS FOLLOWS:

THE ACT OF MAY 27, 1936 ( PUBLIC, NO. 622, 74TH CONGRESS) PROVIDES FOR THE APPOINTMENT OF SEVEN SUPERVISING INSPECTORS IN THE BUREAU OF MARINE INSPECTION AND NAVIGATION, AT A SALARY OF NOT TO EXCEED $6,000 PER ANNUM. IT ALSO PROVIDES FOR THE APPOINTMENT OF NOT TO EXCEED TEN PRINCIPAL TRAVELING INSPECTORS, WITH COMPENSATION NOT TO EXCEED $5,000 PER ANNUM. THESE POSITIONS ARE ADMINISTRATIVELY ALLOCATED TO GRADES CAF-13 AND CAF- 12, RESPECTIVELY. THE RECENTLY APPROVED ACT TO AMEND THE CLASSIFICATION ACT OF 1923, AS AMENDED, PROVIDES FOR INCREASES IN SALARY, WITHIN GRADES, FOR ALL EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, WHO OCCUPY PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THE CLASSIFICATION ACT.

YOUR DECISION IS REQUESTED AS TO WHETHER OR NOT THESE EMPLOYEES MAY BE PROMOTED UNDER THE TERMS OF THE ACT OF AUGUST 1, 1941, AND IF SO, WHETHER THE LIMITATIONS OF $6,000 AND $5,000, PROVIDED FOR IN THE ACT OF MAY 27, 1936, MUST STILL BE OBSERVED.

THE ACT OF MAY 27, 1936, 49 STAT. 1380-1, PROVIDES, SO FAR AS HERE MATERIAL, AS FOLLOWS:

THAT THE BUREAU OF NAVIGATION AND STEAMBOAT INSPECTION IN THE DEPARTMENT OF COMMERCE SHALL HEREAFTER BE KNOWN AS THE " BUREAU OF MARINE INSPECTION AND NAVIGATION.'

SEC. 2. THAT SECTION 4404 OF THE REVISED STATUTES IS HEREBY AMENDED TO READ AS FOLLOWS:

"SEC. 4404. THERE SHALL BE SEVEN SUPERVISING INSPECTORS, WHO SHALL BE APPOINTED BY THE SECRETARY OF COMMERCE. IN THE APPOINTMENT OF THE SUPERVISING INSPECTORS PROVIDED FOR BY THIS SECTION THE SECRETARY OF COMMERCE SHALL GIVE DUE CONSIDERATION TO THE REAPPOINTMENT OF SUCH OF THE PRESENT SUPERVISING INSPECTORS AS BY THEIR RECORD OF EFFICIENCY AND EXPERIENCE HAVE DEMONSTRATED THEIR FITNESS FOR THEIR POSITIONS. ALL VACANCIES OCCURRING THEREAFTER IN THE BOARD OF SUPERVISING INSPECTORS MAY BE FILLED BY SELECTION FROM THE PRINCIPAL TRAVELING INSPECTORS PROVIDED FOR BY SECTION 3 OF THIS ACT, OR FROM THE UNITED STATES LOCAL INSPECTORS. EACH SUPERVISING INSPECTOR SHALL BE ENTITLED TO A SALARY OF NOT TO EXCEED $6,000 PER ANNUM AND HIS NECESSARY TRAVELING EXPENSES WHILE TRAVELING ON OFFICIAL BUSINESS ASSIGNED HIM BY COMPETENT AUTHORITY, TOGETHER WITH HIS ACTUAL AND REASONABLE EXPENSES FOR TRANSPORTATION OF INSTRUMENTS, WHICH SHALL BE CERTIFIED AND SWORN TO UNDER SUCH INSTRUCTIONS AS SHALL BE GIVEN BY THE SECRETARY OF COMMERCE.

"IN THE CASE OF THE ABSENCE OF ANY SUCH SUPERVISING INSPECTOR FROM HIS OFFICIAL STATION, THE SECRETARY OF COMMERCE MAY DESIGNATE SOME OFFICER OF THE BUREAU OF MARINE INSPECTION AND NAVIGATION TO PERFORM THE DUTIES OF SUCH OFFICER DURING HIS ABSENCE.'

SEC. 3. THAT THERE SHALL BE IN THE FIELD SERVICE OF THE BUREAU OF MARINE INSPECTION AND NAVIGATION IN THE DEPARTMENT OF COMMERCE NOT TO EXCEED TEN PRINCIPAL TRAVELING INSPECTORS TO BE APPOINTED BY THE SECRETARY OF COMMERCE, THE COMPENSATION OF SUCH PRINCIPAL TRAVELING INSPECTORS TO BE FIXED BY THE SECRETARY OF COMMERCE AT NOT TO EXCEED $5,000 PER ANNUM. EACH OF SAID PRINCIPAL TRAVELING INSPECTORS SHALL BE ENTITLED TO HIS NECESSARY TRAVELING EXPENSES WHILE TRAVELING ON OFFICIAL BUSINESS. SUCH PRINCIPAL TRAVELING INSPECTORS SHALL BE SELECTED FOR THEIR KNOWLEDGE, SKILL, AND PRACTICAL EXPERIENCE IN STEAM AND MOTOR POWER FOR NAVIGATION AND SHALL BE COMPETENT JUDGES OF THE CHARACTER AND QUALITIES OF SUCH VESSELS AND OF ALL PARTS OF THE MACHINERY EMPLOYED IN SUCH NAVIGATION. THEY ALSO SHALL HAVE FULL KNOWLEDGE OF THE DUTIES IMPOSED BY LAW ON LICENSED OFFICERS AND CREWS OF VESSELS.

SECTION 2 OF THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, 55 STAT. 613, PROVIDES, IN PERTINENT PART, AS FOLLOWS:

SECTION 7 OF THE SAID ACT IS HEREBY AMENDED BY INSERTING THE LETTER "/A)" AFTER THE FIGURE "7" AT THE BEGINNING OF SAID SECTION, AND BY ADDING THE FOLLOWING PARAGRAPHS AS SUBSECTIONS THEREOF:

"/B) ALL EMPLOYEES COMPENSATED ON A PER ANNUM BASIS, AND OCCUPYING PERMANENT POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT, WHO HAVE NOT ATTAINED THE MAXIMUM RATE OF COMPENSATION FOR THE GRADE IN WHICH THEIR POSITIONS ARE RESPECTIVELY ALLOCATED, SHALL BE ADVANCED IN COMPENSATION SUCCESSIVELY TO THE NEXT HIGHER RATE WITHIN THE GRADE AT THE BEGINNING OF THE NEXT QUARTER, FOLLOWING THE COMPLETION OF: (1) EACH EIGHTEEN MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $60 OR $100, OR (2) EACH THIRTY MONTHS OF SERVICE IF SUCH EMPLOYEES ARE IN GRADES IN WHICH THE COMPENSATION INCREMENTS ARE $200 OR $250, SUBJECT TO THE FOLLOWING CONDITIONS:

"/G) THE PRESIDENT IS HEREBY AUTHORIZED TO ISSUE SUCH REGULATIONS AS MAY BE NECESSARY FOR THE ADMINISTRATION OF THIS SECTION.'

SECTION 1 OF EXECUTIVE ORDER NO. 8882, DATED SEPTEMBER 3, 1941, CONTAINS THE FOLLOWING PERTINENT DEFINITION:

IN THE ADMINISTRATION OF THE SAID SECTION 7, THE FOLLOWING DEFINITIONS OF TERMS USED THEREIN SHALL APPLY:

(B) "POSITIONS WITHIN THE SCOPE OF THE COMPENSATION SCHEDULES FIXED BY THIS ACT" SHALL INCLUDE ALL PERMANENT POSITIONS, INCLUDING POSITIONS IN THE FIELD SERVICES, IN THE EXECUTIVE AND LEGISLATIVE BRANCHES, IN GOVERNMENT-OWNED OR GOVERNMENT-CONTROLLED CORPORATIONS, AND IN THE MUNICIPAL GOVERNMENT OF THE DISTRICT OF COLUMBIA, THE COMPENSATION OF WHICH HAS BEEN FIXED ON A PER-ANNUM BASIS, PURSUANT TO THE ALLOCATION OF SUCH POSITIONS TO THE APPROPRIATE GRADE EITHER BY THE CIVIL SERVICE COMMISSION OR BY ADMINISTRATIVE ACTION OF THE DEPARTMENT OR AGENCY CONCERNED, IN ACCORDANCE WITH THE COMPENSATION SCHEDULES OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, OR THE SAID SCHEDULES AS ADJUSTED BY AN AUTHORIZED DIFFERENTIAL.' ( ITALICS SUPPLIED.)

I HAVE BEFORE ME FOR REFERENCE PURPOSES THE PAY ROLLS OF THE BUREAU OF MARINE INSPECTION AND NAVIGATION, DEPARTMENT OF COMMERCE, FOR MAY, 1941, AND THEY SHOW THAT THE FIELD POSITIONS OF SUPERVISING INSPECTORS HAVE BEEN ADMINISTRATIVELY PLACED OR ALLOCATED IN CLASSIFICATION ACT GRADE CAF-13, AND THAT THE SALARY RATES OF SOME OF THE INCUMBENTS OF THE POSITIONS WERE THEN FIXED AT $5,600, OTHERS AT $5,800 PER ANNUM--- THOSE BEING RATES PRESCRIBED BY THE CLASSIFICATION ACT FOR THAT GRADE-- AND THAT THE FIELD POSITIONS OF PRINCIPAL TRAVELING INSPECTORS HAVE BEEN ADMINISTRATIVELY PLACED OR ALLOCATED IN CLASSIFICATION ACT GRADE CAF-12 AND THAT THE SALARY RATES OF SOME OF THE INCUMBENTS OF THE POSITIONS WERE THEN FIXED AT $4,600, OTHERS AT $4,800 PER ANNUM--- SAID RATES BEING RATES PRESCRIBED BY THE CLASSIFICATION ACT FOR THAT GRADE.

THE ACT OF MAY 27, 1936, SUPRA, DOES NOT EXPRESSLY EXCLUDE THE POSITIONS OF SUPERVISING INSPECTORS AND PRINCIPAL TRAVELING INSPECTORS FROM THE CLASSIFICATION ACT. IT MERELY FIXES A LIMITATION ON THE MAXIMUM SALARY THAT MAY BE PAID. SEE 19 COMP. GEN. 20; ID. 160. THE ACTION OF THE CONGRESS BY SAID ACT OF MAY 27, 1936, MAY BE REGARDED AS LIMITING THE MAXIMUM SALARY RATE OF SUPERVISING INSPECTORS TO THE MIDDLE RATE OF GRADE CAF-13, NAMELY, $6,000 PER ANNUM, AND THE MAXIMUM SALARY RATE OF PRINCIPAL TRAVELING INSPECTORS TO THE MIDDLE RATE OF GRADE CAF-12, NAMELY, $5,000 PER ANNUM, RATHER THAN AS PRECLUDING ADMINISTRATIVE ACTION IN ALLOCATING THE POSITIONS IN THE APPROXIMATE GRADES PRESCRIBED BY THE CLASSIFICATION ACT. COMPARE B-19495, DATED AUGUST 26, 1941, 21 COMP. GEN. 184.

AS THE CONDITIONS PRESCRIBED BY THE REGULATIONS OF THE PRESIDENT (SEE ITALICIZED PORTION OF SECTION 1 (B) SUPRA) HAVE BEEN MET TO BRING THE POSITIONS OF SUPERVISING INSPECTOR AND PRINCIPAL TRAVELING INSPECTOR WITHIN THE PURVIEW OF THE CLASSIFICATION ACT, I HAVE TO ADVISE THAT THE INCUMBENTS OF THE POSITIONS ARE ENTITLED TO THE BENEFITS OF THE WITHIN- GRADE SALARY-ADVANCEMENT PLAN PRESCRIBED BY THE ACT OF AUGUST 1, 1941, PUBLIC LAW 200, SUBJECT TO THE LIMITATIONS UPON THE MAXIMUM SALARY THAT MAY BE PAID AS FIXED BY THE ACT OF MAY 27, 1936, SUPRA. ACCORDINGLY, BOTH OF THE QUESTIONS PRESENTED IN THE CONCLUDING PARAGRAPH OF YOUR LETTER ARE ANSWERED IN THE AFFIRMATIVE.