Evening star. [volume] (Washington, D.C.) 1854-1972, 1929-01-26
Continued From First Page.)

still retains virtually all authority grant
ed to 1t by the original classification act.
McCarl upheld the authority of the
Personnel Classification Board to re-
view ALLEGATIONS of employees under
the classification act on appeal of the
cases from departments and establish
mentS, but he stood firmly on his posi-
ton, previously taken in several decl-
sions, that the board should not ION its
own motion" go into department or
establishment. and without the consent
of the employe or the department head
salaries of government workers.
The Lehlbach bill was so far reach
ing, the controller general warned. that
under its provisions the board might
step in and readjust the pay of the
entire Government service without the
administrative Office concerned having
a voice in the matter"
The Lehlbach measure would "re-
quire many demotions," McCarl held.
1t would allow the board to denote
persons to salaries. he said. even
lower than the employe was receiving
In 1924 when the original clasSifica-
ton act went into effect-Ss
Court Suits Hinted.
A hint that suits in court would
follow was clearly indicated. Predicting
that many demotions would occur under
fair to assume that some of the
employees so reduced in salary will re-
sist even to the extent of testing in
the courts every conceivable question
possible to be raised involving the
method employed in legislating. the
clear effect of the new language on eX-
listing law, etc, and the courts have
usually been disinclined to agree that
a vested statutory right can be taken
away unless the congressional purpose
to repeal the basic statute be definitely
revealed"
Clearly, he added, certain rights
were vested in employees of the Govern.
ment as a result of the enactment OF
the WEIGH act"
Protesting the grant of power to the
board to change salaries ION its own
motion" without having an appeal from
some department or establishment, NC
Carl then interpreted the original
classification act.
No provision of the original claSSifi-
cation act he said, granted the board
the authority on its own motion and
without some prior action by an ad-
ministrative Office authority to go into
an office and allocate or reallocate
positions upward or downward. The
law" he added. stipulated that only
after the administrative Office has acted
and allocated or reallocated position
or approved or disapproved an appeal.
should the board review or revise the
action of the administrative office. 1t
is specifically provided that ALLEGATIONS
,,,i.o,~ ro,,iou,od chall hpcOma final NnOn
the approval of the board.
Joint Action Essential.
"Thus, the essential principle of the
original classification act was joint
action by the administrative office and
the Personnel Classification Board TO
provide a check Of the one against
the other and to prevent the arbitrary
action of either. Congress. thus in
1923, provided by the basic statute,
which H. r. 16029 (the Lehlbach bllD
does not specifically amend. for finality
of action and procedure to protect
against the arbitrary action OF either
the administrative office or the Person.
mel Classification Board by requiring
the combined action of both in all cases
of ALLEGATIONS or reallocationS Of posi-
tons.
IUc WciCI dCt Va Way 40, ASSos NANs
not extend enlarge, curtail or IN any
way modify the powers and duties Oh
the Personnel Classification Board.
The WEIGH act was exclusively a COM
pensation act, as disclosed by its title,
providing for statutory increases ana
procedure addressed to the heads OF
departments and establishments LOT
putting the same into effect as OF July
/, 1928. Thus the sole authority today
possessed by the Personnel ClasSli1ca-
ton Board. except as to the survey OF
the field services, is found in the or1gi-
nal classification act of 1928"
The Lehlbach measure In its first
section would abandon the check that
now exists between the administrative
office and the board, McCarl said, on
all ALLEGATIONS and reallocations. 1t
would empower an agency, entirely
outside of the administrative office IN
which the employees perform service,
with power to increase or decrease at
will the salary rates of any and all Of
ficers and employees subject to the
classification act" McCarl declared.
May Not Reduce EmpIoye.
'Under existing law. the classical
ton act of 1928" he said, 1.-The head
of the department or other Government
establishment may not reduce the al
location or compensation OF any en-
ploye without the approval of the Per-
sonnet Classification Board, but this
provision would give to the Personnel
Classification Board the power to do
20 not only without the approval OF.
but without previous notice to or even