B-129803, DEC. 12, 1956

B-129803, DEC. 12, 1956

TO MISS DELPHA MOORE:

YOUR LETTER DATED OCTOBER 17, 1956, TO THE DIRECTOR OF PERSONNEL OF THE GENERAL ACCOUNTING OFFICE, REQUESTING THAT YOUR SERVICE FROM SEPTEMBER 16, 1947, TO JUNE 24, 1950, IN THE GRADES OF CAF-6 AND GS-6, BE CREDITED TOWARD THE TEN-YEAR QUALIFYING PERIOD FOR A LONGEVITY STEP INCREASE IN YOUR PRESENT GRADE GS-7, HAS BEEN SUBMITTED FOR MY CONSIDERATION.

FROM OUR RECORDS IT APPEARS THAT PRIOR TO SEPTEMBER 16, 1947, YOU WERE SERVING IN THE POSITION OF AUDITOR (PAY ROLL ACCOUNTS EXAMINER) (CSC NO. 553) CAF-7; THAT BY PERSONNEL ACTION DATED SEPTEMBER 4, 1947, EFFECTIVE SEPTEMBER 16, 1947, YOU RECEIVED A CHANGE TO A LOWER GRADE, SPECIFICALLY TO THE POSITION OF AUDITOR (PAY ROLL ACCOUNTS EXAMINER) CAF-6, CSC-552; THAT ON FEBRUARY 20, 1949, YOU WERE REASSIGNED TO THE POSITION OF AUDITOR (PAY ROLL ACCOUNTS EXAMINER) CAF-541-6, CSC 1380, WHICH SUPERSEDED THE CSC -552 POSITION; THAT YOU OCCUPIED THE CSC 1380 POSITION IN THE GRADES OF CAF-6 AND GS-6 UNTIL JUNE 25, 1950, WHEN YOU WERE PROMOTED TO COST AUDITOR GS-510-7, CSC 1060; AND THAT YOU HAVE REMAINED IN THAT POSITION SINCE THAT TIME.

SO FAR AS IS PERTINENT HERE, SECTION 703/B) OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 954, 968, 5 U.S.C. 1123/B), WHICH SETS FORTH CONDITIONS EMPLOYEES MUST MEET IN ORDER TO BE ELIGIBLE FOR LONGEVITY STEP-INCREASE, PROVIDES:

"/6) THE OFFICER OR EMPLOYEE SHALL HAVE HAD, IN THE AGGREGATE, NOT LESS THAN TEN YEARS OF SERVICE IN THE POSITION WHICH HE THEN OCCUPIES, OR IN POSITIONS OF EQUIVALENT OR HIGHER CLASS OR GRADE.'

AS YOU WILL NOTE FROM THE UNDERSCORED PORTION OF THE STATUTE JUST QUOTED, YOU ARE PERMITTED TO INCLUDE IN THE COMPUTATION OF THE AGGREGATE TEN-YEAR PERIOD TWO TYPES OF SERVICE, NAMELY, (1) SERVICE IN THE SAME POSITION WHICH YOU NOW OCCUPY, AND (2) PRIOR SERVICE IN A GRADE EQUIVALENT TO OR HIGHER THAN THE ONE YOU NOW OCCUPY. YOU MAY THEREFORE INCLUDE IN THE COMPUTATION YOUR SERVICE FROM MAY 1, 1944, TO SEPTEMBER 16, 1947, IN GRADE CAF-7, ON THE BASIS THAT SUCH SERVICE WAS IN A GRADE EQUIVALENT TO YOUR PRESENT GRADE OF GS-7. HOWEVER, YOUR SERVICE IN THE GRADES CAF-6 AND GS-6 FROM SEPTEMBER 16, 1947, TO JUNE 25, 1950, MAY NOT BE CONSIDERED AS SERVICE IN AN EQUIVALENT GRADE. SEE SUBSECTION 25.52/C) OF THE FEDERAL EMPLOYEES PAY REGULATIONS; 5 C.F.R. 25.52/C) AND THE TABLE CONTAINED THEREIN. (ALSO SHOWN ON PAGE Z-316, FEDERAL PERSONNEL MANUAL.) THEREFORE, IF YOUR SERVICE IN THE GRADE 6 POSITIONS IS TO BE COUNTED TOWARD THE AGGREGATE PERIOD AT ALL, IT MUST QUALIFY AS SERVICE IN THE SAME POSITION WHICH YOU NOW OCCUPY.

IN B-123846, AUGUST 5, 1955, WE HELD, IN ESSENCE, THAT SERVICE IN A PRIOR LOWER GRADE MAY BE REGARDED AS SERVICE IN THE SAME POSITION WHICH THE EMPLOYEE NOW OCCUPIES, AND THEREFORE MAY BE COUNTED TOWARD THE AGGREGATE PERIOD, IF IT BE DETERMINED BY THE ADMINISTRATIVE OFFICE OR THE CIVIL SERVICE COMMISSION THAT THE DUTIES AND RESPONSIBILITIES OF THE EMPLOYEE'S PRESENT HIGHER GRADE DO NOT DIFFER MATERIALLY FROM THOSE OF THE LOWER GRADE. SINCE IT APPEARS FROM YOUR LETTER THAT THIS DECISION MAY HAVE BEEN MISUNDERSTOOD, WE ARE ENCLOSING A COPY OF IT FOR YOUR STUDY.

IN ORDER TO DETERMINE WHETHER THE DUTIES AND RESPONSIBILITIES OF YOUR PRESENT POSITION HAVE NOT MATERIALLY CHANGED FROM THOSE OF THE GRADE 6 POSITIONS WHICH YOU OCCUPIED, WE HAVE CAREFULLY COMPARED THE OFFICIAL POSITION DESCRIPTION OF YOUR PRESENT POSITION OF COST AUDITOR GS-510 7, CSC 1060 WITH THOSE PERTAINING TO THE POSITIONS CAF-541-6, CSC 552 AND GS- 541-6, CSC 1380, AUDITOR (PAY ROLL ACCOUNTS EXAMINER). COPIES OF SUCH DESCRIPTIONS ARE ENCLOSED. IN ADDITION TO THE DIFFERENCE IN THE TITLES OF THE POSITIONS, WE NOTE AT THE OUTSET THAT YOUR PRESENT POSITION IS NOT AN OUTGROWTH OF THE GRADE 6 POSITION; RATHER, IT REPLACED A POSITION DESIGNATED AS CAF-7-936, CSC 832. THE COST AUDITOR POSITIONS EXISTED CONCURRENTLY WITH AND INDEPENDENTLY OF THE PAY ROLL ACCOUNTS EXAMINER POSITIONS.

THE GENERAL STATEMENT RELATING TO THE DUTIES AND RESPONSIBILITIES OF YOUR PRESENT POSITIONS READS:

"THE INCUMBENT ASSISTS MEMBERS OF THE TECHNICAL AUDITING STAFF * * * ENGAGED IN MAKING SITE AUDITS, EXAMINATIONS AND ANALYSES OF THE BOOKS AND RECORDS OF GOVERNMENT CONTRACTORS, SUBCONTRACTORS, AND CERTAIN GOVERNMENT AGENCIES; CONDUCTING SURVEYS AND INSPECTIONS INCIDENT TO THE ESTABLISHMENT OF AUDIT PROGRAMS; AND PREPARING SPECIAL REPORTS, SUBMISSIONS AND RECOMMENDATION RELATING THERETO. HE PERSONALLY MAKES AUDITS AND ANALYSES OF VOUCHERS, SCHEDULES, RECORDS AND SPECIFIED PARTS OF ACCOUNTS AND COMPLIES AUDITING AND ACCOUNTING DATA FOR USE BY AUDITORS RESPONSIBLE FOR THE PREPARATION OF OVERALL REPORTS.'

ON THE OTHER HAND, THE GENERAL STATEMENT PERTAINING TO THE GS-541 6, CSC 1380 POSITION INDICATES THAT:

"* * * THE INCUMBENT MAKES A COMPLETE EXAMINATION AND AUDIT AT THE PLACE WHERE THEY ARE MAINTAINED OF (1) CIVILIAN PAY ROLLS AND RELATED ACCOUNTS MAINTAINED BY VARIOUS GOVERNMENT DEPARTMENTS AND AGENCIES IN ACCORDANCE WITH THE PROCEDURES PRESCRIBED IN GENERAL REGULATIONS NO. 102, AS REVISED, AND (2) THE PAY ROLLS AND RELATED ACCOUNTS OF THE ARMED FORCES AND ASSIMILATED SERVICES. HE ISSUES MEMORANDUM EXCEPTIONS, DEVELOPS DATA AND RECOMMENDS ACTION ON REPLIES THERETO. HE PREPARES DRAFTS OF NOTICES OF EXCEPTIONS WHERE ACTION CAN NOT BE CLEARED WITHIN A SPECIFIED TIME LIMIT, AND PREPARES SPECIAL REPORTS AND SUBMISSIONS TO THE COMPTROLLER GENERAL ON CONFIDENTIAL AND/OR TECHNICAL MATTERS.'

THE DESCRIPTION PERTAINING TO THE EARLIER CAF-6-541, CSC 552 POSITION CONTAINS SUBSTANTIALLY SIMILAR STATEMENTS.

THESE STATEMENTS SERVE TO DEMONSTRATE CONCLUSIVELY THE ABSENCE OF IDENTITY IN THE DUTIES AND RESPONSIBILITIES OF THE POSITIONS; HOWEVER, A COMPARISON OF THE DETAILED STATEMENTS OF DUTIES AND RESPONSIBILITIES REVEALS ADDITIONAL DIFFERENCES BETWEEN APPROACHES, METHODS, AND PURPOSES FAR TOO NUMEROUS TO BE REPEATED HERE. ALTHOUGH IT APPEARS POSSIBLE THAT YOUR SUPERVISORS IN YOUR PRESENT POSITION MAY, IN THE INTEREST OF GOOD MANAGEMENT, HAVE SELECTED YOUR INDIVIDUAL WORK ASSIGNMENTS WITH A VIEW TO MAKING THE MAXIMUM USE OF THE EXPERIENCE AND SKILLS YOU ACQUIRED IN YOUR PRIOR POSITION, WE FIND IT NECESSARY TO CONCLUDE FROM THE PRESENT RECORD THAT YOUR PROMOTION WHICH BECAME EFFECTIVE JUNE 25, 1950, WAS NOT THE RESULT OF AN ALLOCATION ACTION, BUT, ON THE CONTRARY, WAS A TRANSFER TO A DIFFERENT POSITION HAVING SUBSTANTIALLY DIFFERENT DUTIES AND RESPONSIBILITIES. IT FOLLOWS THAT THE POSITION WHICH YOU OCCUPIED FROM SEPTEMBER 16, 1947, TO JUNE 25, 1950, WAS NOT IN FACT THE SAME POSITION YOU NOW OCCUPY; HENCE, YOUR SERVICE DURING THAT PERIOD MAY NOT BE INCLUDED IN COMPUTING THE TEN YEAR AGGREGATE PERIOD REQUIRED BY THE STATUTE.