COMPENSATION-Continued.

Promotions-Continued.

Automatic-Continued.

Service credits:

Authority to regulate generally-in
absence of express rule in statute to
contrary, basis on which service may
be counted in computing periods of
service required by act, Aug. 1, 1941,
as condition for within-grade salary
advancements is matter within
authority of President to regulate
under terms of sec. 2 (g) of said
act.....

Nonpay status:

An employee paid on an annual basis
who, at beginning of a quarter,
occupies a permanent part time
position (fractional part of a year)
within the scope of Classification
Act is entitled to a within-grade
salary advancement under act of
Aug. 1, 1941, if he has had the
requisite service, computed, with
regard to intervening nonpay
status or absence on furlough or
leave without pay, in accordance
with secs. 2 (c) and (d) of Presi-
dent's regulations, and if he is
otherwise qualified..

In computing the service that may
be credited under sec. 2 of Exec.
Order 8882 to the 18 or 30 months'
service necessary to entitle em-
ployees to within-grade salary ad-
vancements under the act of Aug.
1, 1941, there may be included 30
days of any periods aggregating
more than 30 days, but less than a
year, that employees are in a non-
pay status, that is, only the excess
over 30 days need be excluded.....
Time absent from duty during
which employee is receiving dis-
ability compensation under Em-
ployees' Compensation Act should
be regarded as leave without pay in
applying sec. 2 of Exec. Order 8882
prescribing service that may be
credited in computing the 18 or 30
months' service necessary for with-
in-grade salary advancements un-
der act, Aug. 1, 1941..
Under E. O. No. 8882, Sept. 3, 1941,
specifying service which may be
counted in determining employee's
eligibility to within-grade salary
advancement under act of Aug. 1,
1941, time elapsing in nonpay
status in excess of 30 days in the
aggregate may not be counted in
computing 18 or 30 months' period
employee must serve without
"equivalent increase in compensa-
tion" as condition to eligibility to
an advancement....

Page COMPENSATION-Continued.

313

369

791

945

Promotions-Continued.
Automatic-Continued.

Service credits-Continued.
Positions outside Classification Act-
in determining whether employee
occupying permanent position with-
in scope of Classification Act of 1923,
as amended, is eligible for a within-
grade salary advancement under
act of Aug. 1, 1941, there may be
counted service in permanent posi-
tion not within scope of Classifica-
tion Act...
Temporary position service-in deter-
mining whether employee occupy-
ing permanent position within scope
of Classification Act of 1923, as
amended, is eligible for a within-
grade salary advancement under act
of Aug. 1, 1941, there may be counted
service in temporary position estab-
lished for 6 months or less or desig-
nated as temporary by law..........
"When actually employed" position
service in computing prescribed
period that a per annum employee
occupying a position within scope of
within-grade salary-advancement
provisions of act of Aug. 1, 1941,
must serve in order to be eligible for
a salary advancement under the act,
prior service in a position for which
the compensation is fixed on a per
diem "when actually employed"
basis may be counted, if the condi-
tions as to continuity of service, etc.,
prescribed by the President's regu-
lations under the act have been met.
Status as a right:

Effective date of act of Aug. 1, 1941,
providing for uniform within-grade
salary advancements, is fixed there-
in as July 1, 1941, and since the first
periodic advancement in salary is
authorized and required to be made
as of Oct. 1, 1941, to all employees
who qualify, on and after Oct. 1,
1941, and the beginning of subse-
quent quarters, the only legal rate
of salary payable to employees who
qualify as of those dates is the ad-
vanced salary required by the act to
be paid........
Words "shall be advanced in compen-

sation" in act of Aug. 1, 1941, pro-
viding for uniform within-grade
salary advancements, are imperative
and mandatory, and, therefore, if an
employee meets the terms and con-
ditions of the statute he is entitled as
a matter of right to the periodic ad-
vancement in salary....

COMPENSATION-Continued.
Promotions-Continued.
Automatic-Continued.

cifically designating an appointment
as "temporary" constitutes a position
"designated as temporary by law"
within meaning of President's regula-
tions under uniform within-grade
salary-advancement statute of Aug. 1,
1941, defining "permanent positions"
as including "all positions except those
designated as temporary by law and
those established for definite periods
of six months or less".
Tenure of employment as determining
whether position is temporary or
permanent:

If civil service rules or regulations do
not specifically designate an appoint-
ment as "temporary," and tenure
of appointment or employment is
not otherwise designated as tempo-
rary by law or limited by terms and
conditions of appointment or con-
tract of employment to a period of
six months or less, the employee
should be regarded as occupying a
"permanent position" within mean-
ing of uniform within-grade salary-
advancement statute of Aug. 1, 1941,
and President's regulations there-
under....
Tenure of employment of individual
employee under terms of any appli-
cable law, or under terms and con-
ditions of his appointment or con-
tract of employment must control
in determining whether the em-
ployee occupies a "permanent" or
"temporary" position within mean-
ing of within-grade salary-advance-
ment statute of Aug. 1, 1941, and
President's regulations thereun-
der.....

Transfers:

Page COMPENSATION-Continued.

369

Part-time employees. See Compensa-
tion, promotions, automatic, part-time
employees.

Prior to promotion:

Amounts representing within-grade
salary advancements under act,
Aug. 1, 1941, due employees who
transferred to other Govt. agencies,
or who were separated from serv-
ice, should be certified for pay-
ment by administrative office in
which employee was employed
prior to transfer or separation, and
may be paid by disbursing officer
except in cases where payment can
not be accomplished within 3
months after close of fiscal year, in
which event matter should be for-
warded to this office for settle-
ment..

871

Promotions-Continued.
Automatic-Continued.
Transfers-Continued.

Page

Prior to promotion-Continued.
An employee who, during the 18
months' period prior to Oct. 1,
1941, was transferred from a field
grade 8, $1,800, position in "the
States" to a field grade 9, $2,000,
position in Alaska where positions
are administratively allocated one
grade higher than similar positions
in the States has received an
"equivalent increase in compensa-
tion" within the meaning of the
act of Aug. 1, 1941, providing for
uniform within-grade salary ad-
vancements, and, therefore, he is
not entitled to a promotion as of
Oct. 1, 1941, under the act..
The granting under authority of sec.
15, Federal Highway Act of 1940, of
a percentage differential of the base
pay incident to assignment of an
employee from the continental U.
S. for engineering services outside
the continental U. S. does not affect
the employee's eligibility to a with-
in-grade salary advancement un-
der the uniform within-grade
salary-advancement statute of
Aug. 1, 1941. Decision B-20925,
Oct. 27, 1941, 21 C. G. 369, distin-
guished...

Upon transfer or reappointment of
employee from one Federal agency
to another, whether in same or
different grade, it is within admin-
istrative discretion--but not man-
datory-if funds are available, to
fix initial salary in new position at
such prescribed rate of the grade as
will save the within-grade salary
advancement under act of Aug. 1,
1941, to which he previously had
become entitled.
Where during the period of delay be-
tween the effective date-Oct. 1,
1941 of the first periodic within-
grade salary advancements under
the act of Aug. 1, 1941, and the
actual payment of such advance-
ments, employees who were en-
titled to the advancements as of
Oct. 1, 1941, were transferred at the
same or reduced salaries to other
positions, either in the same or
different grade, with different
duties and responsibilities, it is
within administrative discretion
to fix at this time their initial sal-
aries, effective on date of transfer,
in the new positions at such pre-
scribed rate of their grades as will
save to them the benefits of the

369

478

855

COMPENSATION-Continued.

Promotions-Continued.

Automatic-Continued.

Transfers-Continued.

Prior to promotion-Continued.

salary advancements to which they
previously had become entitled...
Retention of prior promotion-vested
right of an employee to retain a peri-
odic within-grade salary advance-
ment granted pursuant to act of
Aug. 1, 1941, maintains only so long
as he remains in the position in which
the advancement was granted, but,
upon transfer, promotion, or reduc-
tion from one position to another
with different duties and responsibil-
ities, whether in the same or differ-
ent grade, it is within administrative
discretion under sec. 10 of the Classi-
fication Act of 1923 to fix his initial
salary in the new position at such
prescribed rate of the grade as will
save to him the benefit of a within-
grade salary advancement to which
he previously had become entitled...
War service appointees' eligibility-em-
ployees given appointments designated
as "temporary" under sec. 2, Rule
VIII, Civil Service Rules and Regula-
tions, but whose appointments, effec-
tive Mar. 16, 1942, were changed under
authority of Exec. Order 9063, and
Civil Service regulations issued pur-
suant thereto, to "War Service Ap-
pointments" for duration of the war
and six months thereafter, now occupy
permanent positions within meaning
of act, Aug. 1, 1941, providing for
within-grade salary advancements to
employees "occupying permanent po-
sitions," and thereby become entitled
on and after Apr. 1, 1942, to benefits of
the statute...
"When actually employed" employees:
18 or 30 months' service equivalent-
before becoming eligible for promo-
tion under the within-grade salary
advancement statute of Aug. 1, 1941,
"when actually employed" em-
ployees must render 18 or 30 months
(as the case may be) of actual service
computed on the basis of the time
per month that full time employees
of the same class would be required
to work..
Eligibility in general-employees paid
on an annual basis who occupy
permanent positions within the
scope of Classification Act compensa-
tion schedules and who are employed
on a "when actually employed"
basis are entitled, other conditions
being met, to the benefits of the
within-grade salary advancement
statute of Aug. 1, 1941..

Page COMPENSATION-Continued.

Promotions-Continued.
Effective date:

In general-effective date of salary
changes resulting exclusively from ad-
ministrative action is date action is
taken by administrative officer vested
with proper authority, or subsequent
date specifically fixed.

Retroactive automatic promotions. See
Compensation, promotions, automatic,
retroactive.

Initial salary rates effect of automatic
promotion act, decisions, etc.--within-
grade salary-advancement act of Aug. 1,
1941, and Exec. Order 8882 issued there-
under, as well as prior decisions of this
office construing same, relate only to ad-
vancement of salary within the grade or
position held by an employee at the time
he became eligible for such advance-
ments, and the established rules of this
office with regard to the fixing of initial
salary rates upon the transfer, promotion,
or reduction of an employee from one
grade or position to another are not
affected thereby..

Retroactive cancellation-where appoint-
ment and promotion of retired Army
warrant officer to civilian position in
contravention of dual compensation act
of July 31, 1894, as amended, was never
consummated by payment of salary at
rate for new position, but rather, em-
ployee was continued at rate for old
position, promotion may be cancelled
and he may then be paid his retired pay
for the period he held the new position,
in addition to the civilian compensation
already received.......

Status of statutory increase as prohibited
administrative promotion-within-grade
promotion of incumbent of position
pursuant to statutory provision fixing
annual salary of position at increase over
prior rate is legislative promotion and
not administrative one within prohi
bition in sec. 302, act, July 3, 1941,
against administrative within-grade
promotions...........

F

13

COMPENSATION-Continued.

Rates-Continued.

Custodial Service employees of P. O.
Dept., generally-discussion of erroneous
compensation schedules adopted by
P. O. Dept. for Custodial Service posi-
tions which are subject to Classification
Act, as amended..........
Part-time employees:

Computation basis in general--if salary
for part-time position is paid on per
annum basis, there is no authority
under classification act, as amended
by within-grade salary-advancement
statute of Aug. 1, 1941, to compute
their part-time compensation other
than on basis of one of per annum
rates prescribed by classification act.
Computation where entitled to auto-
matic promotion-in computing salary
rates of part-time employees who are
entitled to within-grade salary ad-
vancements under act, Aug. 1, 1941,
salary for full-time service should be
advanced one full increment pre-
scribed by classification act, and
part-time salary rate computed from
resulting total in accordance with
applicable decisions of this office......
Per annum equivalent of hourly rates-
charmen and charwomen-the full
time service per annum equivalent of
the hourly rate received by char-
women and charmen of the Custodial
Service of the Post Office Depart-
ment who work 5 hours per day
should be computed by multiplying
the hourly rate by 8 hours per day
and the resulting daily rate by 360--
Per diem equivalent of per annum
rate the per diem rate of compensa-
tion of all part-time employees paid
on an annual basis subject to the
Classification Act is computed under
the act of June 30, 1906, on the basis of
1/360 of the annual rate for each day of
service..

Per diem employees-forty-hour week-
in creating additional positions under
Naval Appropriation Act, fiscal year
1942, prohibiting use of appropriations
referred to for additional positions at
salary rates in excess of $5,000 per annum,
the Navy Dept. may compute the per
diem salary equivalent of the per annum
rate of $5,000, for positions in which em-
ployees are subject to 40-hour week laws
and for which regular tour of duty is
fixed administratively at five days per
week with two nonwork days for which
no compensation is paid except for
overtime services, by dividing $5,000 by
261 [365 less 104 (52 x 2)] days for the
year, the divisor to be increased or

Rates-Continued.

Page

decreased if number of work days is
changed.....

Per diem or per hour equivalent of per

annum rates:

Additional positions with maximum
salary limitation................

Computation rule.

Part-time employees. See Compensa
tion, rates, part-time employees.

Reduction:

Effective date-in general-effective date
of salary changes resulting exclusively
from administrative action is date
action is taken by administrative officer
vested with proper authority, or subse-
quent date specifically fixed......
Initial salary rates:

Demoted District of Columbia em-
ployees:

Where a Dist. of Col. school teacher
occupying a permanent position was
appointed at an increase in salary
for a temporary period to fill a va-
cancy, and, upon expiration of such
appointment, was reduced to a per-
manent position in a salary class
next above that in which he had
served prior to his temporary ap-
pointment, he is entitled under
Teachers Salary Act of 1924, to
receive only the salary rate in the
class to which reduced next above
that rate of the salary class he re-
ceived prior to the temporary ap-
pointment. Reduction from one
permanent position to another, dis-
tinguished...

Where, due to exigencies of service,
Dist. of Col, school teacher is de-
moted from permanent-as distin-
guished from temporary-position in
higher salary class to permanent po-
sition in lower salary class, Teachers
Salary Act of 1924 does not require
reduction to minimum salary rate of
lower salary class through which ad-
vancement previously may have
been made on basis of longevity and
satisfactory service..

Effect of automatic promotion act, de-
cisions, etc.-within-grade salary-ad-
vancement act of Aug. 1, 1941, and
Exec. Order 8882 issued thereunder, as
well as prior decisions of this office
construing same, relate only to ad-
vancement of salary within the grade
or position held by an employee at the
time he became eligible for such ad-
vancements, and the established rules
of this office with regard to the fixing
of initial salary rates upon the transfer,
promotion, or reduction of an em-
ployee from one grade or position to
another are not affected thereby.......

165

165

165

95

436

436

791

COMPENSATION-Continued.
Reduction-Continued.

Retroactive-where appointment and pro-
motion of retired Army warrant officer
to civilian position in contravention of
dual compensation act of July 31, 1894, as
amended, was never consummated by
payment of salary at rate for new posi-
tion, but rather, employee was continued
at rate for old position, promotion may
be cancelled and he may then be paid his
retired pay for the period he held the new
position, in addition to the civilian com-
pensation already received.....
Subversive activities-suspension from duty.
See Compensation, suspension from duty,
subversive activities.

Sundays and holidays. See Sundays and
Holidays, compensation.
Suspension from duty:

General rule-in absence of specific statu-
tory authority therefor, compensation
may not be paid employee for period of
suspension during which no duty is per-
formed, whether or not he is restored to
duty, except to extent of annual leave
that may be substituted for period of
unjustified suspension (as to which see
17 C. G. 199; 18 id. 136). See 4 C. G. 849;
6 id. 534; 9 id. 284; 19 id. 424..
Subversive activities-authority under
sec. 6, act of June 28, 1940, to summarily
remove employees of War and Navy
Departments and of the Coast Guard
upon suspicion of subversive activities
and to compensate them for period of
removal after investigation and rein-
statement includes, also, authority to
suspend employees pending investigation
of suspected subversive activity and to
compensate them for period of suspen-
sion after investigation and restoration
to active duty, without charging any
portion of the period to annual leave.
Decisions holding that compensation
may not be paid for a period of suspen-
sion in absence of specific statutory au-
thority therefor, distinguished........
Transfers:

Classification Act. See Classification,
transfers.

Initial salary rates-effect of automatic
promotion act, decisions, etc.-within-
grade salary-advancement act of Aug. 1,
1941, and Exec. Order 8882 issued there-
under, as well as prior decisions of this
office construing same, relate only to ad-
vancement of salary within the grade or
position held by an employee at the
time he became eligible for such advance-
ments, and the established rules of this
office with regard to the fixing of initial
salary rates upon the transfer, promotion,
or reduction of an employee from one
grade or position to another are not af-
fected thereby..

Travel by mode other than as directed-
employee's right to savings-employee
ordered to travel by Govt. vehicle who
nevertheless travels by common carrier
and claims savings in compensation, per
diem, and transportation of baggage, may
be reimbursed only for such expenses, other
than speculative, as Govt. would have
sustained had travel been as ordered, and
may not be reimbursed for cost of common
carrier travel......

Waivers effect on travel expense reimburse-
ment-travel expenses are not "compen-
sation or pay for services rendered” (see 20
C. G. 145), and signing of waiver of com-
pensation by Selective Service System
personnel is immaterial insofar as it con-
cerns payment to them of traveling ex-
penses.------

COMPENSATORY TIME:

See Sundays and Holidays, compensatory time.
CONGRESS:

Committees details to. See Details, con-
gressional committees.

CONTRACTS:

P

8

19

Ambiguous provisions generally-ambiguous
contract will be construed most strongly
against party employing words concerning
which doubt arises..
Amounts-indefinite-general rule as to
validity-contracts, such as General
Schedule of Supplies contracts, which
obligate contractor to fill all orders placed
during contract period and vendee to pro-
cure from contractor all its actual or bona
fide needs for the supplies involved during
such period are valid and binding con-
tracts. See numerous court cases cited.. 961
Assignments-claims. See Claims, assign-
ments, contracts.
Awards:

Certificates-non-necessity where adver
tising dispensed with-Gen. Reg. 51,
Supp. 8, June 1, 1942...

Contingent:

Effect of issuance of "preference rating
certificate" as indicating existence of
binding contract-issuance to the
bidder of-a "preference rating certifi-
cate" after a contingent award, is not
a representation that a binding con-
tract existed where the certificate
indicated to the contrary......
Liability on failure to execute required
formal contract-a "letter of intent"
advising a bidder that its bid is con-
ditionally accepted subject to the
execution of a formal contract did not
result in a binding agreement so as
to obligate the Govt., upon its failure
to execute a formal contract, to reim-
burse the bidder for expenses incurred
toward the manufacture of the involved

1151

605