B-156502, JUN. 3, 1965
Highlights
YOUR REQUEST IS PREDICATED UPON THE PROVISIONS OF SECTIONS 552.9-1C AND 552.8- 10 OF THE NAVY CIVILIAN PERSONNEL INSTRUCTIONS. SECTION 9-1C PERTAINS TO SALARY RETENTION WHEN THERE IS A TRANSFER OF FUNCTIONS AND REFERS TO THE PROVISIONS OF NCPI 552.8-10 FOR FURTHER INSTRUCTIONS. HE WILL RETAIN HIS PRESENT RATE OF PAY UNTIL A NEW SCHEDULE ESTABLISHES A HIGHER RATE OF PAY FOR THE RATING OR AS PROVIDED IN NCPI 552.9-2.'. THAT SECTION APPLIES ONLY WHEN THERE IS A TRANSFER OF FUNCTIONS BETWEEN DIFFERENT DEPARTMENTS OF THE GOVERNMENT. IF THERE WAS A TRANSFER OF FUNCTIONS IN YOUR CASE IT WAS ENTIRELY WITHIN THE DEPARTMENT OF THE NAVY AND NOT WITHIN THE SCOPE OF SECTION 552.8-10. IN OUR EARLIER CORRESPONDENCE WE POINTED OUT THAT SALARY RETENTION RIGHTS FOR WAGE BOARD EMPLOYEES DERIVE SOLELY FROM DEPARTMENTAL REGULATIONS AND NOT FROM STATUTE AS IS THE CASE WITH EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT.
B-156502, JUN. 3, 1965
TO MR. HERBERT MACKNICK:
YOUR LETTER OF MAY 22, 1965, ASKS FURTHER CONSIDERATION OF OUR DECISION TO YOU OF MAY 14, 1965, B-156502, WHICH DISALLOWED YOUR CLAIM FOR SALARY RETENTION AS A WAGE BOARD EMPLOYEE OF THE DEPARTMENT OF THE NAVY. YOUR REQUEST IS PREDICATED UPON THE PROVISIONS OF SECTIONS 552.9-1C AND 552.8- 10 OF THE NAVY CIVILIAN PERSONNEL INSTRUCTIONS.
SECTION 9-1C PERTAINS TO SALARY RETENTION WHEN THERE IS A TRANSFER OF FUNCTIONS AND REFERS TO THE PROVISIONS OF NCPI 552.8-10 FOR FURTHER INSTRUCTIONS. SECTION 8-10 OF THE INSTRUCTIONS READS AS FOLLOWS:
"IF A CHANGE RESULTS FROM A TRANSFER OF FUNCTIONS FROM ANOTHER GOVERNMENT DEPARTMENT AND THE EMPLOYEE'S PRESENT RATE OF PAY EXCEEDS STEP 3 OF THE RATING UNDER THE NAVY SCHEDULE OF WAGES, HE WILL RETAIN HIS PRESENT RATE OF PAY UNTIL A NEW SCHEDULE ESTABLISHES A HIGHER RATE OF PAY FOR THE RATING OR AS PROVIDED IN NCPI 552.9-2.'
CLEARLY, THAT SECTION APPLIES ONLY WHEN THERE IS A TRANSFER OF FUNCTIONS BETWEEN DIFFERENT DEPARTMENTS OF THE GOVERNMENT. IF THERE WAS A TRANSFER OF FUNCTIONS IN YOUR CASE IT WAS ENTIRELY WITHIN THE DEPARTMENT OF THE NAVY AND NOT WITHIN THE SCOPE OF SECTION 552.8-10.
IN OUR EARLIER CORRESPONDENCE WE POINTED OUT THAT SALARY RETENTION RIGHTS FOR WAGE BOARD EMPLOYEES DERIVE SOLELY FROM DEPARTMENTAL REGULATIONS AND NOT FROM STATUTE AS IS THE CASE WITH EMPLOYEES SUBJECT TO THE CLASSIFICATION ACT. IT SEEMS APPARENT THAT THE REGULATIONS OF THE DEPARTMENT OF THE NAVY DID NOT PROVIDE FOR SALARY RETENTION IN THE CIRCUMSTANCES APPLICABLE TO YOUR CASE.
THEREFORE, WE MUST ADHERE TO THE CONCLUSION REACHED IN OUR DECISION TO YOU OF MAY 14, 1965, B-156502.