A-57310, NOVEMBER 27, 1934, 14 COMP. GEN. 420

A-57310, NOVEMBER 27, 1934, 14 COMP. GEN. 420

CLASSIFICATION - FIELD SERVICE - EMERGENCY POSITIONS THE PHRASE "SO FAR AS MAY BE PRACTICABLE" APPEARING IN SECTION 3 OF THE WELCH ACT OF MAY 28, 1928, 45 STAT. 785, AND SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, EXTENDING THE PRINCIPLES OF CLASSIFICATION TO THE FIELD SERVICE, ONLY VESTS IN AN ADMINISTRATIVE OFFICE A DISCRETION AS TO THE PARTICULAR GRADE OR SALARY RANGE PRESCRIBED BY THE CLASSIFICATION ACT IN WHICH A FIELD POSITION IS TO BE PLACED OR ALLOCATED, AND DOES NOT IN ANY CASE AUTHORIZE AN ADMINISTRATIVE OFFICE TO FIX THE SALARY RATE OF A FIELD POSITION WITHOUT REGARD TO THE CLASSIFICATION ACT. THE PROVISIONS OF EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, REQUIRE THE CLASSIFICATION OF POSITIONS OF EMPLOYEES UNDER EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS WHOSE SALARIES ARE PAID FROM EMERGENCY FUNDS, EITHER UNDER THE TERMS OF THE CLASSIFICATION ACT, AS AMENDED, OR IN ACCORDANCE WITH THE TERMS OF THE EXECUTIVE ORDER. IN ANY CASE WHERE A FIELD EMPLOYEE HERETOFORE HAS BEEN PAID LESS THAN THE MINIMUM SALARY RATE OF THE GRADE IN WHICH HIS POSITION WOULD PROPERLY BE ALLOCATED DUE TO ADMINISTRATIVE MISUNDERSTANDING IN THE MATTER, AN INCREASE IN COMPENSATION TO THE MINIMUM SALARY RATE OF THE GRADE MAY NOW BE MADE DURING THE CURRENT FISCAL YEAR ONLY ON THE BASIS OF AN ADMINISTRATIVE PROMOTION, UNLESS THE AMOUNT OF THE INCREASE IS LESS THAN ONE STEP IN THE GRADE.

COMPTROLLER GENERAL MCCARL TO THE GOVERNOR, FARM CREDIT ADMINISTRATION, NOVEMBER 27, 1934:

CONSIDERATION HAS BEEN GIVEN TO YOUR LETTER OF OCTOBER 18, 1934, AS FOLLOWS:

I HAVE RECEIVED YOUR STATEMENT OF OCTOBER 12, 1934 (A-57310), RELATIVE TO THE CLASSIFICATION OF POSITIONS IN THE EMERGENCY CROP AND FEED LOAN OFFICES (FIELD) OF THE FARM CREDIT ADMINISTRATION, IN ACCORDANCE WITH THE CLASSIFICATION SCHEDULES AND SALARY RATES PRESCRIBED IN THE CLASSIFICATION ACT OF 1923, AS AMENDED.

THE ORIGINAL CLASSIFICATION ACT OF 1923 PROVIDED COMPENSATION SCHEDULES FOR THE CLASSIFICATION OF CIVILIAN POSITIONS WITHIN THE DISTRICT OF COLUMBIA, SUBJECT TO REVIEW AND REVISION BY THE PERSONNEL CLASSIFICATION BOARD (NOW THE CIVIL SERVICE COMMISSION), SECTION 5 OF THAT ACT PROVIDES THAT THE COMPENSATION SCHEDULES SHALL APPLY ONLY TO CIVILIAN EMPLOYEES IN THE DEPARTMENTS WITHIN THE DISTRICT OF COLUMBIA, AND DIRECTED THAT AFTER A SURVEY OF THE FIELD SERVICES, A REPORT BE MADE TO CONGRESS CONTAINING SCHEDULES OF POSITIONS, GRADES, AND SALARIES FOR SUCH FIELD SERVICES, WHICH SHALL FOLLOW THE PRINCIPLES AND RULES OF THE COMPENSATION SCHEDULES FOR THE DEPARTMENTAL SERVICE AS FAR AS THESE WERE APPLICABLE TO THE FIELD SERVICES.

THE ACT OF DECEMBER 6, 1924 (43 STAT. 704), MADE APPROPRIATIONS TO ENABLE THE HEADS OF THE SEVERAL DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS TO ADJUST THE COMPENSATION OF CIVILIAN EMPLOYEES IN CERTAIN FIELD SERVICES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RULES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923 FOR POSITIONS IN THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA. THIS ACT DID NOT REQUIRE THE HEADS OF THE DEPARTMENTS AND ESTABLISHMENTS TO FIX THE COMPENSATION IN ALL CASES IN ACCORDANCE WITH THE CLASSIFICATION GRADE TO WHICH THEY ALLOCATED ALL FIELD POSITIONS, IT BEING RECOGNIZED BY THE CONGRESS, AS SHOWN BY SECTION 5 OF THE ORIGINAL CLASSIFICATION ACT OF 1923 AND BY THE PHRASE,"SO FAR AS MAY BE PRACTICABLE," USED IN THE ACT OF DECEMBER 6, 1924, THAT THE COMPENSATION SCHEDULES AND SALARY RATES FIXED FOR THE DEPARTMENTAL SERVICE IN THE DISTRICT OF COLUMBIA, ON THE BASIS OF EMPLOYMENT CONDITIONS, COST OF LIVING, AND OTHER FACTORS, MIGHT BE INAPPLICABLE TO OTHER COMMUNITIES WHERE THESE FACTORS WERE DECIDEDLY DIFFERENT. IT WOULD APPEAR, THEREFORE, THAT CONGRESS RECOGNIZED AND EXPECTED, BY THE TERMS OF THE ACT OF DECEMBER 6, 1924, THAT HEADS OF DEPARTMENTS WOULD IN SOME CASES FIX SALARY RATES WHICH MIGHT BE LESS THAN THE MINIMUM RATES OF THE CLASSIFICATION GRADES TO WHICH THE FIELD POSITIONS WERE ALLOCATED IN DIFFERENT SECTIONS OF THE COUNTRY.

THE ACT OF FEBRUARY 23, 1934 (PUBLIC, NO. 97), AUTHORIZED THE GOVERNOR OF THE FARM CREDIT ADMINISTRATION, WITHOUT REGARD TO THE PROVISIONS OF OTHER LAWS APPLICABLE TO THE EMPLOYMENT AND COMPENSATION OF OFFICERS AND EMPLOYEES OF THE UNITED STATES, TO EMPLOY AND FIX THE COMPENSATION AND DUTIES OF SUCH AGENTS, OFFICERS, AND EMPLOYEES AS MIGHT BE NECESSARY TO CARRY OUT THE PURPOSES OF THAT ACT, AND PROVIDED SPECIFICALLY THAT THE COMPENSATION OF SUCH OFFICERS AND EMPLOYEES SHALL BE FIXED TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923, AS AMENDED.

ATTENTION IS CALLED TO THE FACT THAT THE EMERGENCY CROP LOAN ACT OF 1934 IMPOSES UPON THE GOVERNOR OF THE FARM CREDIT ADMINISTRATION THE SAME DUTY THAT WAS IMPOSED UPON THE HEADS OF OTHER GOVERNMENT ESTABLISHMENTS BY THE ACT OF DECEMBER 6, 1924, IN FIXING THE RATES OF PAY AT DIFFERENT RATES FROM THOSE FIXED BY THE CLASSIFICATION ACT OF 1923 IF THE GOVERNOR CONCLUDED THAT IT WOULD BE IMPRACTICABLE TO MAKE APPOINTMENTS CARRYING COMPENSATION AT THE MINIMUM RATES OF THE VARIOUS GRADES. ACCORDINGLY, AFTER A SURVEY OF THE DUTIES AND RESPONSIBILITIES OF THE POSITIONS IN THE WASHINGTON REGIONAL OFFICE, WASHINGTON, D.C., ALLOCATIONS OF THOSE POSITIONS UNDER THE SCHEDULES OF THE CLASSIFICATION ACT OF 1923, AS AMENDED, WERE MADE AND PLACED IN EFFECT ON MARCH 16, 1934. AS THE EMPLOYEES IN THE WASHINGTON REGIONAL OFFICE WERE WORKING UNDER THE SAME CONDITIONS THAT APPLY TO THE OTHER EMPLOYEES IN WASHINGTON WHOSE COMPENSATION RATES ARE FIXED STRICTLY IN ACCORDANCE WITH THE RATES PRESCRIBED BY THE CLASSIFICATION ACT, IT WAS OBVIOUSLY PRACTICABLE TO FIX THE RATES OF COMPENSATION IN THE WASHINGTON REGIONAL OFFICE ACCORDINGLY. IN ALL SUCH CASES, THE RATES FIXED WERE AT THE MINIMUM OF THE CLASSIFICATION GRADE ASSIGNED, EXCEPT IN SUCH CASES WHERE UNDER THE LAW ONE OF THE RATES WITHIN THE GRADE COULD BE PAID.

THE POSITIONS IN THE EMERGENCY CROP- AND FEED-LOAN OFFICES AT DALLAS, TEXAS; MINNEAPOLIS, MINNESOTA; ST. LOUIS, MISSOURI, AND SALT LAKE CITY, UTAH, WERE ALLOCATED TO THE CLASSIFICATION GRADES OF THE CLASSIFICATION ACT OF 1923, EFFECTIVE MAY 1, 1934. LIKEWISE, THE POSITIONS IN THE CROP- AND FEED-LOAN OFFICE AT MEMPHIS, TENNESSEE, WERE ALLOCATED EFFECTIVE JUNE 1, 1934. HOWEVER, IN FIXING THE RATES OF COMPENSATION TO BE PAID TO EMPLOYEES IN THESE FIELD OFFICES LOCATED OUTSIDE THE DISTRICT OF COLUMBIA, AND WITH DUE REGARD TO THE REQUIREMENT IMPOSED UPON THE GOVERNOR BY THE ACT OF FEBRUARY 23, 1934, THAT THE MINIMUM RATES SHOULD NOT BE PAID UNLESS THE GOVERNOR FOUND IT PRACTICABLE TO DO SO, APPOINTMENTS TO THE POSITIONS ALLOCATED TO CLASSIFICATION GRADE CAF-9 OR BELOW (WITH THE EXCEPTION OF FIELD INSPECTORS) WERE MADE AT RATES WHICH WERE, AS A GENERAL RULE, LOWER THAN THE MINIMUMS OF THE GRADES ASSIGNED. IN THE CASE OF FIELD INSPECTORS, ALLOCATED TO GRADE CAF-4, APPOINTMENTS WERE MADE AT THE MINIMUM OF $1,800.00. LIKEWISE, APPOINTMENTS TO POSITIONS ALLOCATED TO GRADE CAF-10 AND ABOVE WERE MADE, AS A GENERAL RULE, AT THE MINIMUM RATES OF THE GRADES.

PUBLIC RESOLUTION NO. 16, APPROVED MARCH 10, 1934, APPROPRIATED $40,000,000 TO ENABLE THE GOVERNOR OF THE FARM CREDIT ADMINISTRATION TO CARRY INTO EFFECT THE PROVISIONS OF THE EMERGENCY CROP LOAN ACT OF FEBRUARY 23, 1934. YOUR STATEMENT OF OCTOBER 12, 1934, REFERS TO THIS AS AN EMERGENCY APPROPRIATION AND TO THE EMPLOYEES PAID THEREUNDER AS EMERGENCY EMPLOYEES WHO, UNDER EXECUTIVE ORDERS NO. 6440 OF NOVEMBER 18, 1933, AND NO. 6746 OF JUNE 21, 1934, MUST BE CLASSIFIED UNLESS SPECIFICALLY EXEMPTED BY THE EXECUTIVE ORDERS THEMSELVES. YOU STATE THAT THERE IS NO EXEMPTION OF THE EMPLOYEES OF THE EMERGENCY CROP LOAN SECTION OF THE FARM CREDIT ADMINISTRATION IN THE EXECUTIVE ORDERS. THE PERTINENT PART OF EXECUTIVE ORDER NO. 6746 IS AS FOLLOWS:

"* * * IT IS HEREBY ORDERED THAT THE HEADS OF EXISTING EMERGENCY AGENCIES AND OF THOSE HEREAFTER CREATED AND (EXCEPT THE HEADS OF EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS) THE HEADS OF ALL OTHER AGENCIES OPERATED IN WHOLE OR IN PART FROM EMERGENCY FUNDS, THE COMPENSATION OF THE EMPLOYEES OF WHICH MAY BE FIXED WITHOUT REGARD TO THE CLASSIFICATION ACT OF 1923, AS AMENDED, SHALL, UNLESS OTHERWISE SPECIFICALLY AUTHORIZED BY ME, CLASSIFY THE POSITIONS OF THE EMPLOYEES OF THEIR RESPECTIVE AGENCIES NOW IN THE SERVICE OR HEREAFTER APPOINTED IN ACCORDANCE WITH THE FOLLOWING SALARY SCHEDULE AND ADJUST AND FIX THE RATES OF COMPENSATION THEREFOR AT AMOUNTS NOT IN EXCESS OF THOSE PRESCRIBED THEREIN FOR THE CORRESPONDING GRADES: * * "

IT APPEARS THAT THE FARM CREDIT ADMINISTRATION IS SPECIFICALLY EXEMPTED FROM THE OPERATION OF THIS ORDER--- FIRST, BECAUSE IT IS AN INDEPENDENT ESTABLISHMENT, AND, SECOND, BECAUSE IF THE FARM CREDIT ADMINISTRATION WERE NOT AN INDEPENDENT ESTABLISHMENT, IT COULD NOT, AS FAR AS THE COMPENSATION OF EMERGENCY CROP LOAN EMPLOYEES IS CONCERNED, COME WITHIN THE GROUP OF OTHER AGENCIES DESCRIBED AS "THE HEADS OF ALL OTHER AGENCIES OPERATED IN WHOLE OR IN PART FROM EMERGENCY FUNDS, THE COMPENSATION OF THE EMPLOYEES OF WHICH MAY BE FIXED WITHOUT REGARD TO THE CLASSIFICATION ACT OF 1923, AS AMENDED.' THE LATTER STATEMENT IS BASED UPON THE SPECIFIC PROVISIONS CONTAINED IN THE ACT OF FEBRUARY 23, 1934, REQUIRING THE COMPENSATION OF EMPLOYEES ENGAGED THEREUNDER TO BE FIXED AT RATES TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE CLASSIFICATION ACT OF 1923, AND ACCORDING TO NO OTHER STANDARD.

IN VIEW OF THE FACT THAT THE COMPENSATION RATES FIXED FOR POSITIONS IN THE EMERGENCY CROP-LOAN OFFICES (FIELD) DID NOT, IN ALL CASES, CORRESPOND TO THE COMPENSATION RATES OF THE CLASSIFICATION ACT OF 1923, THE FARM CREDIT ADMINISTRATION HAS NOT REPORTED TO YOUR OFFICE THE CLASSIFICATION RATES ASSIGNED, IN ORDER TO AVOID PROBABLE CONFUSION IN RECONCILING THE RATES PAID WITH THE RATES CARRIED BY THE ASSIGNED CLASSIFICATION GRADES. HOWEVER, IN THE CASE OF JOSEPH H. WRIGHT, WHOSE ADJUSTMENT IN COMPENSATION FOR THE PERIOD MARCH 4 TO MARCH 15, 1934, IS THE SUBJECT OF YOUR STATEMENT OF OCTOBER 12, 1934, YOU ARE INFORMED THAT THE POSITION OF UNDER CLERK, TO WHICH MR. WRIGHT WAS APPOINTED EFFECTIVE MARCH 4, 1934, WAS ALLOCATED TO GRADE CAF-2 AND THE COMPENSATION RATE FIXED IN HIS APPOINTMENT AT $1,440.00 A YEAR IS THE MINIMUM RATE OF THAT CLASSIFICATION GRADE, MR. WRIGHT HAVING BEEN EMPLOYED IN THE WASHINGTON REGIONAL OFFICE WHERE NO APPOINTMENTS WERE MADE AT LESS THAN THE MINIMUM RATE OF THE CLASSIFICATION GRADE ASSIGNED. IT IS REQUESTED THAT THE SUPPLEMENTAL PAY ROLL, COVERING THE DIFFERENCE BETWEEN $1,320.00 AND $1,440.00 A YEAR, DUE MR. WRIGHT, BE CERTIFIED FOR PAYMENT, AND THAT IF, AFTER DUE CONSIDERATION OF THE BASIS FOR THE ACTION TAKEN BY THE FARM CREDIT ADMINISTRATION AS STATED HEREIN SUCH ACTION IS NOT IN ACCORD WITH YOUR REQUIREMENTS, INSTRUCTIONS BE ISSUED CONCERNING ANY ADJUSTMENTS WHICH THIS OFFICE SHOULD MAKE AND ANY SPECIAL INFORMATION WHICH SHOULD BE SHOWN ON THE PAY-ROLL VOUCHERS.

YOUR SUBMISSION APPARENTLY HAS OVERLOOKED THE PROVISIONS OF SECTION 2 OF THE BROOKHART SALARY ACT OF JULY 3, 1930, 46 STAT. 1005, FURTHER AMENDING THE ORIGINAL CLASSIFICATION ACT WITH REGARD TO THE FIELD SERVICE, AS FOLLOWS:

THE HEADS OF THE SEVERAL EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS ARE AUTHORIZED AND DIRECTED TO ADJUST THE COMPENSATION OF CERTAIN CIVILIAN POSITIONS IN THE FIELD SERVICES, THE COMPENSATION OF WHICH WAS ADJUSTED BY THE ACT OF DECEMBER 6, 1924 (43 STAT. 604), TO CORRESPOND, SO FAR AS MAY BE PRACTICABLE, TO THE RATES ESTABLISHED BY THE ACT OF MAY 28, 1928 (U.S.C., SUPP. 3, TITLE 5, SEC. 673), AND BY THIS ACT FOR POSITIONS IN THE DEPARTMENTAL SERVICES IN THE DISTRICT OF COLUMBIA: *

BASED ON THE WORDS "AUTHORIZED AND DIRECTED," THIS REQUIREMENT TO ADJUST SALARY RATES IN THE FIELD SERVICE TO CORRESPOND WITH SALARY RATES FIXED IN THE DISTRICT OF COLUMBIA UNDER THE CLASSIFICATION ACT, SO FAR AS MAY BE PRACTICABLE, WAS HELD TO BE MANDATORY (10 COMP. GEN. 20). THE PHRASE "SO FAR AS MAY BE PRACTICABLE" APPEARING IN SECTION 3 OF THE WELCH ACT, CITED AND STRESSED BY YOU, AS WELL AS IN SECTION 2 OF THE BROOKHART SALARY ACT, SUPRA, HAS BEEN CONSTRUED AND APPLIED ONLY AS VESTING IN THE ADMINISTRATIVE OFFICE A DISCRETION AS TO THE PARTICULAR GRADE OR SALARY RANGE PRESCRIBED BY THE ACT IN WHICH SAID FIELD POSITION IS TO BE PLACED OR ALLOCATED. FOR INSTANCE, IN DECISION OF DECEMBER 2, 1929 (9 COMP. GEN. 229, 231), CONSTRUING SECTION 3 OF THE WELCH ACT, IT WAS STATED:

* * * BY SAID ACT ALL POSITIONS ARE REQUIRED TO BE PLACED OR ALLOCATED BY THE ADMINISTRATIVE OFFICE IN CERTAIN GRADES WITH A DEFINITE RANGE OF SALARY RATES CORRESPONDING WITH THE GRADE AND SALARY RANGE FIXED BY THE CLASSIFICATION ACT AS AMENDED FOR THE SAME OR SIMILAR POSITIONS IN THE DISTRICT OF COLUMBIA, AS NEAR AS MAY BE PRACTICABLE. IF THERE ARE NO POSITIONS IN THE DISTRICT OF COLUMBIA CORRESPONDING IDENTICALLY WITH CERTAIN POSITIONS IN THE LIGHTHOUSE SERVICE, THE POSITION MUST NEVERTHELESS BE PLACED OR ALLOCATED IN A DEFINITE GRADE AND THE SALARY RATES FIXED FOR THE POSITIONS MUST BE AT ONE OF THE SALARY RATES PRESCRIBED IN THE RANGE FOR THE GRADE. * * *

AND IN DECISION OF FEBRUARY 10, 1931 (10 COMP. GEN. 349, 352), CONSTRUING SECTION 2 OF THE BROOKHART SALARY ACT, IT WAS STATED:

ON AND AFTER JULY 1, 1928, ALL SALARY GRADES OR RANGES ESTABLISHED BY THE ADMINISTRATIVE OFFICES FOR POSITIONS IN THE FIELD SERVICES, COMPARABLE TO POSITIONS SUBJECT TO THE CLASSIFICATION ACT SHOULD HAVE BEEN THE SAME AS SOME CORRESPONDING SALARY GRADE OR RANGE PRESCRIBED BY THE CLASSIFICATION ACT, AS AMENDED BY THE WELCH ACT OF MAY 28, 1928, AND, ON AND AFTER JULY 3, 1930, AS AMENDED BY THE BROOKHART SALARY ACT OF THAT DATE. THAT IS TO SAY, THERE SHOULD HAVE BEEN SELECTED WITH RESPECT TO EACH GROUP OF FIELD POSITIONS A DEPARTMENTAL GRADE WITH WHICH IT MOST NEARLY COMPARED OR CORRESPONDED AND THE SALARY RANGE FIXED FOR SAID GRADE SHOULD BE THE SALARY RANGE FOR THE FIELD GROUP. IT WAS RECOGNIZED THAT IT WOULD NOT BE PRACTICABLE TO FIND A GRADE IN THE DEPARTMENTAL SERVICE THE DUTIES AND RESPONSIBILITIES OF WHICH WOULD CORRESPOND EXACTLY WITH THE DUTIES AND RESPONSIBILITIES OF EACH GROUP OR CLASS OF POSITIONS IN THE FIELD, BUT IT WAS, OF COURSE, PRACTICABLE TO HAVE THE SALARY RANGE OF EACH GROUP OR CLASS OF FIELD POSITIONS EXACTLY THE SAME AS THE SALARY RANGE OF SOME GRADE IN THE DEPARTMENTAL SERVICE. * * * ALSO, YOU CONTEND THAT THE EMERGENCY POSITIONS UNDER THE FARM CREDIT ADMINISTRATION ARE EXEMPT FROM THE TERMS OF EXECUTIVE ORDER NO. 6746, DATED JUNE 21, 1934, AND, IN SUPPORT OF THAT CONTENTION, YOU QUOTE FROM THE FIRST PARAGRAPH OF THE ORDER WHEREIN THERE APPEARS IN PARENTHESIS ,EXCEPT THE HEADS OF EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS.' HOWEVER, YOU MAKE NO REFERENCE TO THE PARAGRAPH OF THE ORDER IMMEDIATELY FOLLOWING THE SCHEDULE OF SALARY RATES, WHICH PROVIDES AS FOLLOWS: THE POSITIONS OF EMPLOYEES IN EXECUTIVE DEPARTMENTS AND INDEPENDENT ESTABLISHMENTS WHO ARE PAID FROM EMERGENCY FUNDS SHALL BE CLASSIFIED UNDER THE PROVISIONS OF THE CLASSIFICATION ACT OF 1923, AS AMENDED: PROVIDED, THAT THE HEADS OF SUCH DEPARTMENTS AND ESTABLISHMENTS MAY ELECT TO FIX SUCH RATES OF COMPENSATION EITHER UNDER THE SAID CLASSIFICATION ACT OR IN ACCORDANCE WITH THE SALARY SCHEDULE PRESCRIBED IN THIS ORDER.

THIS REQUIREMENT IS CLEARLY APPLICABLE TO EMERGENCY POSITIONS UNDER THE FARM CREDIT ADMINISTRATION. YOU ARE ADVISED, THEREFORE, THAT NOTHING HAS BEEN PRESENTED IN YOUR LETTER REQUIRING OR AUTHORIZING ANY MODIFICATION IN THE DECISION OF OCTOBER 12, 1934, A-57310, 14 COMP. GEN. 309, HOLDING THAT THE EMPLOYEES OF THE EMERGENCY CROP LOAN SECTION OF THE FARM CREDIT ADMINISTRATION PAID UNDER APPROPRIATIONS PROVIDED BY PUBLIC RESOLUTION NO. 16, OF MARCH 10, 1934, 48 STAT. 402, ARE EMERGENCY EMPLOYEES, AND THAT THEIR POSITIONS ARE REQUIRED TO BE ALLOCATED AND THEIR SALARY RATES FIXED PURSUANT TO THE PROVISIONS OF THE QUOTED EXECUTIVE ORDER. ACCORDINGLY, THE PAY ROLLS MUST SHOW THE GRADE IN WHICH EACH OF SUCH POSITIONS HAS BEEN ADMINISTRATIVELY PLACED OR ALLOCATED.

IN ANY CASE, WHERE A FIELD EMPLOYEE HERETOFORE HAS BEEN PAID LESS THAN THE MINIMUM SALARY RATE OF THE GRADE IN WHICH HIS POSITION WOULD PROPERLY BE ALLOCATED, WHICH CONDITION IS INDICATED BY YOUR LETTER TO EXIST IN CERTAIN CASES, DUE TO THE ADMINISTRATIVE MISUNDERSTANDING IN THE MATTER, AN INCREASE IN COMPENSATION TO THE MINIMUM SALARY RATE OF THE GRADE MAY NOW BE MADE DURING THE CURRENT FISCAL YEAR ONLY ON THE BASIS OF AN ADMINISTRATIVE PROMOTION, UNLESS THE AMOUNT OF THE INCREASE IS LESS THAN ONE STEP IN THE GRADE. SEE SECTION 24 OF THE ACT OF MARCH 28, 1934, 48 STAT. 523; 13 COMP. GEN. 419; 14 ID. 14; ID. 75.

THE UNPAID VOUCHER IN FAVOR OF JOSEPH H. WRIGHT, WHICH WAS THE SUBJECT OF THE DECISION OF OCTOBER 12, PROPOSING PAYMENT OF COMPENSATION FOR THE DIFFERENCE BETWEEN $1,320 PER ANNUM AS UNDERCLERK, AND $1,400 PER ANNUM AS CLERK, FOR THE PERIOD MAY 4 TO 15, 1934, NOT MARCH 4 TO 15, 1934, AS STATED BY YOU, NOW RETURNED FOR CERTIFICATION, FAILS TO SHOW THE PROPER CLASSIFICATION OF EITHER POSITION. YOUR LETTER WOULD SEEM TO INDICATE THAT THE POSITION OF "UNDERCLERK" WAS ALLOCATED TO GRADE C.A.F. 2, BUT THE VOUCHER IN QUESTION IS SUPPORTED BY A COPY OF "CHANGES IN PERSONNEL" SHOWING THAT THE EMPLOYEE WAS PROMOTED TO THE POSITION OF CLERK, $1,440 PER ANNUM, FROM UNDERCLERK, $1,320 PER ANNUM, EFFECTIVE MAY 4, 1934, THE REASON STATED BEING "CHANGE IN DUTIES FROM UNDERCLERK $1,320.' IT WOULD APPEAR, THEREFORE, THAT THE POSITION OF CLERK AND NOT UNDERCLERK HAS BEEN ALLOCATED IN GRADE C.A.F. 2, THE MINIMUM SALARY RATE OF WHICH IS $1,440 PER ANNUM. IN VIEW THEREOF, THE VOUCHER WILL BE CERTIFIED FOR PAYMENT.