A-10137, JULY 3, 1925, 5 COMP. GEN. 2

A-10137, JULY 3, 1925, 5 COMP. GEN. 2

CLASSIFICATION OF CIVILIAN EMPLOYEES - TRANSFER OF ONE PERSON IN A GRADE - APPROPRIATION UNIT - POST OFFICE DEPARTMENT UNDER EXCEPTIONS (2) AND (3) TO THE AVERAGE PROVISION, APPEARING IN THE ACT OF JANUARY 22, 1925, 43 STAT. 764, AN EMPLOYEE OCCUPYING THE ONLY POSITION IN A GRADE WHOSE COMPENSATION WAS FIXED AT THE MAXIMUM SALARY RATE OF HIS GRADE, UNDER RULE 3 OF SECTION 6 OF THE CLASSIFICATION ACT OF 1923, MAY RETAIN SUCH MAXIMUM SALARY RATE ON AND AFTER JULY 1, 1925, WHERE TRANSFERRED TO A VACANCY IN THE SAME GRADE IN ANY OTHER "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT.' THE AGGREGATE AMOUNT PROVIDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL, INCLUDING THE ITEMS "SALARIES" AND "MAIL BAGS AND EQUIPMENT," MADE AVAILABLE FROM A FIELD SERVICE APPROPRIATION, CONSTITUTES ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT," WITHIN THE MEANING OF THE AVERAGE PROVISION MAKING CERTAIN RESTRICTIONS UPON THE PAYMENT OF COMPENSATION IN THE DISTRICT OF COLUMBIA UNDER THE CLASSIFICATION ACT OF 1923. (MODIFIED BY 5 COMP. GEN. 68.)

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JULY 3, 1925:

I HAVE YOUR LETTER OF JUNE 12, 1925, AS FOLLOWS:

THE DEPARTMENT DESIRES ON JULY 1, 1925, TO TRANSFER AN EMPLOYEE NOW CLASSIFIED IN GRADE 5 OF THE PROFESSIONAL AND SCIENTIFIC SERVICE AND PAID A SALARY OF $6,000 PER ANNUM, WHICH WAS FIXED ON JULY 1, 1924, IN ACCORDANCE WITH THE PROVISIONS OF THE RECLASSIFICATION ACT, FROM THE APPROPRIATION FOR "MAIL BAGS AND EQUIPMENT" IN THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL TO THE ROLL FOR "SALARIES" IN THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL WITHOUT CHANGE IN GRADE OR COMPENSATION, THERE BEING NO CHANGE IN DUTIES. THIS EMPLOYEE STANDS ALONE IN HIS GRADE ON THE APPROPRIATION NOW PAID FROM AND WOULD BE THE ONLY EMPLOYEE IN HIS GRADE ON THE APPROPRIATION TO WHICH IT IS PROPOSED TO TRANSFER HIM.

ALL EMPLOYEES PAID FROM THE APPROPRIATION FOR "MAIL BAGS AND EQUIPMENT," WITH THE EXCEPTION OF THOSE IN A RECOGNIZED TRADE OR CRAFT, WERE CLASSIFIED AND THEIR SALARIES FIXED ON JULY 1, 1924, IN ACCORDANCE WITH THE PROVISIONS OF SECTION 6 OF THE CLASSIFICATION ACT.

IT MAY ALSO BE STATED THAT UPON THE RECOMMENDATION OF THE DEPARTMENT THE BUREAU OF THE BUDGET AND CONGRESS AGREED TO THE PROPOSED TRANSFER OF THIS EMPLOYEE FROM THE APPROPRIATION FOR "MAIL BAGS AND EQUIPMENT" TO THE ROLL FOR "SALARIES" IN THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL AND THE SUM OF $6,000 WAS TRANSFERRED FROM THE APPROPRIATION FOR "MAIL BAGS AND EQUIPMENT" TO THE APPROPRIATION FOR "SALARIES" IN THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL FOR THE FISCAL YEAR 1926 TO PROVIDE FOR THE PAYMENT OF THE SALARY IN QUESTION DURING THE FISCAL YEAR 1926.

YOUR DECISION IS REQUESTED AS TO WHETHER THIS EMPLOYEE MAY BE TRANSFERRED AS OUTLINED ABOVE AT HIS PRESENT RATE OF COMPENSATION.

THE "AVERAGE" PROVISION FOR THE FISCAL YEAR 1926 APPEARING IN THE ACT OF JANUARY 22, 1925, 43 STAT. 764, APPROPRIATING FOR THE TREASURY AND POST OFFICE DEPARTMENTS, INCLUDES THE FOLLOWING:

* * * AND IN GRADES IN WHICH ONLY ONE POSITION IS ALLOCATED THE SALARY OF SUCH POSITION SHALL NOT EXCEED THE AVERAGE OF THE COMPENSATION RATES FOR THE GRADE: PROVIDED, THAT THIS RESTRICTION SHALL NOT APPLY * * * (2) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHOSE COMPENSATION WAS FIXED, AS OF JULY 1, 1924, IN ACCORDANCE WITH THE RULES OF SECTION 6 OF SUCH ACT, (3) TO REQUIRE THE REDUCTION IN SALARY OF ANY PERSON WHO IS TRANSFERRED FROM ONE POSITION TO ANOTHER POSITION IN THE SAME OR DIFFERENT GRADE IN THE SAME OR A DIFFERENT BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT * * *.

THE SALARY RATE OF $6,000 IS THE MAXIMUM OF GRADE 5 OF THE PROFESSIONAL AND SCIENTIFIC SERVICE PRESCRIBED BY THE CLASSIFICATION ACT. THIS OFFICE HAS BEEN ADVISED THAT THE EMPLOYEE IN QUESTION WAS RECEIVING SALARY AT THE RATE OF $6,000 ON JUNE 30, 1924, WHICH HE WAS ENTITLED TO CONTINUE TO RECEIVE ON AND SUBSEQUENT TO JULY 1, 1924, IN ACCORDANCE WITH RULE 3 OF SECTION 6 OF THE CLASSIFICATION ACT. UNDER EXCEPTION (2) OF THE AVERAGE PROVISION QUOTED ABOVE HIS SALARY NEED NOT BE DISTURBED WHILE REMAINING IN HIS PRESENT GRADE. IN THIS CONNECTION SEE DECISION OF THIS OFFICE DATED MAY 11, 1924, 4 COMP. GEN. 932, 933. UNDER EXCEPTION (3) HE MAY ALSO BE TRANSFERRED TO A VACANT POSITION IN "ANY OTHER BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHOUT LOSS OF SALARY.

YOUR STATEMENT THAT THERE IS TO BE "NO CHANGE IN DUTIES" INCIDENT TO THE TRANSFER OF THE EMPLOYEE FROM THE APPROPRIATION "MAIL BAGS AND EQUIPMENT" TO THE APPROPRIATION "SALARIES," BOTH PROVIDED IN THE ACT OF JANUARY 22, 1925, SUPRA, UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL, WOULD SUGGEST THAT THE PROPOSED TRANSFER INVOLVES NOTHING MORE THAN A DETERMINATION AS TO WHICH OF THE TWO APPROPRIATIONS MENTIONED IS PROPERLY CHARGEABLE WITH THE EXPENDITURE FOR THIS EMPLOYEE'S SALARY FOR THE FISCAL YEAR 1926. A PORTION OF YOUR SUBMISSION RAISES THE QUESTION WHETHER THERE IS MORE THAN ONE APPROPRIATION UNIT UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL.

IN CONSTRUING THE PHRASE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" APPEARING IN THE AVERAGE PROVISIONS, THIS OFFICE HAS REPEATEDLY HELD THAT THE "BUREAU" OR "OFFICE" IS PRIMARILY THE "UNIT" AND THAT TWO OR MORE APPROPRIATION ITEMS PROVIDED UNDER A BUREAU OR OFFICE HEADING MAY BE CONSIDERED AS SEPARATE AND DISTINCT APPROPRIATION UNITS WITHIN THE MEANING OF THE AVERAGE PROVISION ONLY WHERE THEY CLEARLY PROVIDE FOR DISSIMILAR OR UNRELATED ACTIVITIES. SEE 4 COMP. GEN. 167; ID. 497; ID. 678; ID. 703; ID. 741; ID. 817; ID. 851. THE ACT OF JANUARY 22, 1925, PROVIDES FOR "OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL, $376,940," AND UNDER THE HEADINGS "FIELD SERVICE, POST OFFICE DEPARTMENT" AND "OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL" THERE APPEAR SEVERAL PARAGRAPH ITEMS, INCLUDING THE ONE FOR PURCHASE, MANUFACTURE AND REPAIR OF MAIL BAGS, ETC., APPROPRIATING "FOR COMPENSATION TO LABOR EMPLOYED IN THE EQUIPMENT SHOPS AT WASHINGTON, DISTRICT OF COLUMBIA, $1,800,000, OF WHICH NOT TO EXCEED $470,000 MAY BE EXPENDED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA.' THIS ITEM IS THE ONLY FIELD SERVICE APPROPRIATION MADE AVAILABLE FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL.

IF THE STATEMENT TO THE EFFECT THAT THE PROPOSED TRANSFER INVOLVES "NO CHANGE IN DUTIES" DOES NOT MEAN THAT THE EMPLOYEE IS TO REMAIN IN THE IDENTICAL POSITION IN WHICH HE HAS BEEN SERVING DURING THE FISCAL YEAR 1925, BUT MEANS THAT HE IS TO BE TRANSFERRED TO ANOTHER POSITION WITH THE SAME KIND OF DUTIES, IT IS OBVIOUS THAT THE WORK UNDER THE TWO APPROPRIATIONS IS NOT SO DISSIMILAR AND UNRELATED AS TO CONSTITUTE SEPARATE AND DISTINCT UNITS. WHAT WOULD APPEAR TO BE AN ANALOGOUS CASE TO THE SITUATION HERE PRESENTED WAS GIVEN CONSIDERATION IN DECISION OF THIS OFFICE DATED FEBRUARY 9, 1925, 4 COMP. GEN. 678, INVOLVING PORTIONS OF FIELD APPROPRIATIONS MADE AVAILABLE FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE BUREAU HEADINGS OF THE WAR DEPARTMENT, AND IT WAS HELD THAT THE AGGREGATE AMOUNT OF THE REGULAR BUREAU APPROPRIATION AND THE ADDITIONAL AMOUNT FROM FIELD SERVICE APPROPRIATIONS CONSTITUTED IN EACH INSTANCE ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT.' IT MAY BE THAT ACTUAL CONDITIONS IN THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL ARE NOT THE SAME AS THERE DISCLOSED, BUT SUCH AS TO JUSTIFY THE CONTINUATION OF THE OFFICE FORCE UNDER TWO SEPARATE AND DISTINCT APPROPRIATION UNITS. ON THE BASIS OF THE PRESENT SUBMISSION, HOWEVER, AND THE APPLICATION OF THE PLAIN TERMS OF THE APPROPRIATION ACT, I AM CONSTRAINED TO HOLD THAT THE AGGREGATED AMOUNT APPROPRIATED FOR PERSONAL SERVICES IN THE DISTRICT OF COLUMBIA UNDER THE OFFICE OF THE FOURTH ASSISTANT POSTMASTER GENERAL, EXCLUSIVE OF THE PORTION NOT SUBJECT TO CLASSIFICATION, CONSTITUTES ONE "BUREAU, OFFICE, OR OTHER APPROPRIATION UNIT" WITHIN THE MEANING OF THE AVERAGE PROVISION, AND THAT THE COMPENSATION OF THE EMPLOYEES IN THAT OFFICE SHOULD BE ADJUSTED ACCORDINGLY, EFFECTIVE FROM THE BEGINNING OF THE PAY PERIOD SUBSEQUENT TO THE RECEIPT OF THIS DECISION.