B-68432, SEPTEMBER 2, 1947, 27 COMP. GEN. 146

B-68432, SEPTEMBER 2, 1947, 27 COMP. GEN. 146

CERTIFICATES - ANTI-STRIKE LEGISLATION A CERTIFICATE SIGNED BY AN ADMINISTRATIVE OFFICER CHARGED WITH KNOWLEDGE OF THE FACTS EVIDENCING COMPLIANCE WITH THE ANTISTRIKE PROVISIONS OF THE JUDICIARY APPROPRIATION ACT FOR 1947 IS ACCEPTABLE AS A SUFFICIENT BASIS FOR ALLOWING CREDIT IN THE ACCOUNTS OF UNITED STATES MARSHALS ON VOUCHERS (PAY ROLLS) COVERING OTHERWISE PROPER SALARY PAYMENTS FROM APPROPRIATIONS MADE BY SAID ACT. A PAY ROLL CERTIFICATE TO THE EFFECT THAT THE EMPLOYMENT OF PERSONS NAMED ON THE PAY ROLL IS NOT PROHIBITED BY ANY PROVISIONS OF LAW LIMITING THE AVAILABILITY OF THE APPROPRIATION INVOLVED IS ACCEPTABLE, IN THE ABSENCE OF INFORMATION TO THE CONTRARY, THAT SALARY PAYMENTS MADE THEREON ARE NOT IN CONTRAVENTION OF ANTISTRIKE PROVISIONS OF THE APPROPRIATION ACT.

COMPTROLLER GENERAL WARREN TO THE DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, SEPTEMBER 2, 1947:

REFERENCE IS MADE TO A LETTER OF JULY 30, 1947, FROM THE ASSISTANT DIRECTOR, AS FOLLOWS:

THERE IS ENCLOSED HEREWITH COPY OF NOTICE OF EXCEPTION ADDRESSED TO THE MARSHAL IN THE DISTRICT OF MARYLAND WITH RESPECT TO THE PAY ROLL FOR JUDICIAL EMPLOYEES FOR THE PERIOD JULY 29TH TO AUGUST 10, 1946. CREDIT IS BEING WITHHELD ON THE GROUND AS STATED IN THE NOTICE OF EXCEPTION THAT ,THERE HAS NOT BEEN FURNISHED CERTIFICATE OF COMPLIANCE WITH ANTI-STRIKE LAW AS REQUIRED BY BULLETIN 310 DATED JULY 11, 1946.'

BULLETIN NO. 310 OF THE ADMINISTRATIVE OFFICE DATED JULY 11, 1946, TO WHICH REFERENCE IS MADE DOES NOT REQUIRE THE FURNISHING OF A CERTIFICATE OF COMPLIANCE WITH THE SO-CALLED " ANTI-STRIKE LAWS" AS INCORPORATED IN THE JUDICIARY APPROPRIATION ACTS OF 1947 AND 1948. A COPY OF THIS BULLETIN IS ENCLOSED HEREWITH. FURTHERMORE, IT IS THE VIEW OF THIS OFFICE THAT THE PROVISION IN THE APPROPRIATION ACT DOES NOT AUTHORIZE NOR REQUIRE THE FURNISHING OF SUCH A CERTIFICATE TO ACCOMPANY PAY ROLLS. IT IS THEREFORE RESPECTFULLY REQUESTED THAT THIS EXCEPTION BE REMOVED.

THE REFERRED-TO NOTICES OF EXCEPTION, COPIES OF WHICH WERE FORWARDED WITH THE LETTER FROM YOUR OFFICE, WERE STATED IN THE AUDIT OF PAY ROLL VOUCHERS 17, 21, AND 22 OF THE AUGUST 1946 ACCOUNTS OF AUGUST KLECKA, UNITED STATES MARSHAL. THE SAID VOUCHERS COVER SALARY PAYMENTS TO EMPLOYEES IN THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS AT BALTIMORE, MD., FOR THE PERIOD FROM JULY 29 TO AUGUST 24, 1946, INCLUSIVE, WHICH PAYMENTS WERE MADE FROM VARIOUS APPROPRIATIONS FOR THE JUDICIARY FOR THE FISCAL YEAR 1947, SET FORTH IN THE ACT APPROVED JULY 5, 1946, PUBLIC LAW 490.

SECTION 501 OF THAT ACT, 60 STAT. 480, PROVIDES IN PART AS FOLLOWS:

NO PART OF ANY APPROPRIATION CONTAINED IN THIS ACT SHALL BE USED TO PAY THE SALARY OR WAGES OF ANY PERSON WHO ENGAGES IN A STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES OR WHO IS A MEMBER OF AN ORGANIZATION OF GOVERNMENT EMPLOYEES THAT ASSERTS THE RIGHT TO STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, OR WHO ADVOCATES, OR IS THE MEMBER OF AN ORGANIZATION THAT ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE: PROVIDED, THAT FOR THE PURPOSES HEREOF AN AFFIDAVIT SHALL BE CONSIDERED PRIMA FACIE EVIDENCE THAT THE PERSON MAKING THE AFFIDAVIT HAS NOT CONTRARY TO THE PROVISIONS OF THIS SECTION ENGAGED IN A STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, IS NOT A MEMBER OF AN ORGANIZATION OF GOVERNMENT EMPLOYEES THAT ASSERTS THE RIGHT TO STRIKE AGAINST THE GOVERNMENT OF THE UNITED STATES, OR THAT SUCH PERSON DOES NOT ADVOCATE, AND IS NOT A MEMBER OF AN ORGANIZATION THAT ADVOCATES, THE OVERTHROW OF THE GOVERNMENT OF THE UNITED STATES BY FORCE OR VIOLENCE.

BULLETIN 310, ISSUED JULY 11, 1946, BY THE ASSISTANT DIRECTOR, ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS, TO CLERKS OF CIRCUIT, DISTRICT, AND OTHER UNITED STATES COURTS, AND PROBATION OFFICERS IN CHARGE OF UNITS--- A COPY OF WHICH WAS FORWARDED WITH LETTER OF JULY 30, 1947--- PROVIDES, WITH REFERENCE TO THE ABOVE-QUOTED ANTISTRIKE PROVISION APPLICABLE TO THE JUDICIARY APPROPRIATION ACT, 1947, AS FOLLOWS:

A FORM OF AFFIDAVIT HAS BEEN DESIGNED, COPIES OF WHICH ARE ATTACHED HERETO, FOR EXECUTION BY ALL EMPLOYEES IN ACCORDANCE WITH THE PROVISION IN OUR APPROPRIATION ACT FOR THE FISCAL YEAR 1947. ADDITIONAL COPIES OF THE AFFIDAVIT FORM WILL BE SUPPLIED UPON REQUEST.

IT WILL BE APPRECIATED IF YOU WILL DISTRIBUTE THE AFFIDAVIT FORMS TO ALL COURT PERSONNEL FOR WHOM YOU CERTIFY PAY ROLLS FOR EXECUTION BY THEM. YOU SHOULD REQUEST THAT THE AFFIDAVITS WHEN COMPLETED BE RETURNED TO YOU AS THE OFFICER CERTIFYING PAY ROLLS TO BE RETAINED IN YOUR FILES.

IN DECISION OF SEPTEMBER 18, 1946, 26 COMP. GEN. 207, TO THE SECRETARY OF COMMERCE, IT WAS HELD, QUOTING FROM THE SYLLABUS:

THE GENERAL ACCOUNTING OFFICE, IN AUDITING VOUCHERS COVERING PAYMENTS OF SALARIES FROM APPROPRIATIONS WHICH ARE SUBJECT TO THE ANTISTRIKE PROVISIONS OF SECTION 501 OF THE DEPARTMENTS OF STATE, JUSTICE, COMMERCE, AND THE JUDICIARY APPROPRIATION ACT, 1947, WILL RELY SOLELY UPON THE CERTIFICATE OF THE CERTIFYING OFFICER FOR COMPLIANCE THEREWITH AND WILL HOLD HIM RESPONSIBLE FOR ANY ILLEGAL OR ERRONEOUS PAYMENTS RESULTING WHEN THE EVIDENCE HE ACCEPTS IN OTHER THAN AN AFFIDAVIT SUCH AS THE STATUTE PRESCRIBES AS PRIMA FACIE EVIDENCE * * *

SAID DECISION REFERS PARTICULARLY TO APPROPRIATIONS FOR THE DEPARTMENT OF COMMERCE, TO WHICH THE ACT APPROVED DECEMBER 29, 1941, 55 STAT. 875, FIXING THE RESPONSIBILITY OF CERTIFYING OFFICERS IN THE EXECUTIVE BRANCH OF THE GOVERNMENT, APPLIES. SEE, ALSO, 26 COMP. GEN. 134, 136.

WHILE THE ACT OF DECEMBER 29, 1941, DOES NOT APPLY TO DISBURSEMENTS MADE THROUGH THE UNITED STATES MARSHALS FROM APPROPRIATIONS FOR THE JUDICIARY, AND THE MARSHAL IS PRIMARILY RESPONSIBLE FOR THE LEGALITY OF PAYMENTS MADE BY HIM UNDER THE APPROPRIATIONS INVOLVED (B-6061, SEPTEMBER 18, 1942, AND DECISIONS THEREIN CITED), A CERTIFICATE SIGNED BY AN ADMINISTRATIVE OFFICER WHO IS CHARGED WITH KNOWLEDGE OF THE FACTS EVIDENCING COMPLIANCE WITH THE ANTISTRIKE ACT WOULD BE CONSIDERED SUFFICIENT BASIS ON WHICH TO ALLOW CREDIT ON VOUCHERS COVERING OTHERWISE PROPER SALARY PAYMENTS IN THE MARSHAL'S ACCOUNTS.

THE LAST SENTENCE OF THE PRINTED CERTIFICATE ON STANDARD FORM 1013, REVISED, SIGNED ON VOUCHERS 17 AND 22, RESPECTIVELY, BY THE CLERK OF THE DISTRICT COURT AND THE CHIEF PROBATION OFFICER, WHO ARE REQUIRED BY THE ABOVE-QUOTED ADMINISTRATIVE BULLETIN TO RETAIN IN THEIR FILES AFFIDAVITS EXECUTED PURSUANT TO THE ANTISTRIKE ACT BY PERSONNEL FOR WHOM THEY CERTIFY PAY ROLLS, READS AS FOLLOWS:

I FURTHER CERTIFY THAT THE EMPLOYMENT OF THE PERSONS NAMED ON THE WITHIN PAY ROLL IS NOT PROHIBITED BY ANY PROVISIONS OF LAW LIMITING THE AVAILABILITY OF THE APPROPRIATION/S) INVOLVED. THAT CERTIFICATE, WHICH COVERS ALL PERSONNEL INVOLVED IN THE EXCEPTIONS, IS ACCEPTABLE, IN THE ABSENCE OF INFORMATION TO THE CONTRARY, AS EVIDENCE THAT THE PAYMENTS ARE NOT IN CONTRAVENTION OF SECTION 501 OF THE APPROPRIATION ACT INVOLVED.

ACCORDINGLY, THE EXCEPTIONS STATED ON THE VOUCHERS IN QUESTION WILL BE REMOVED.