Evening star. [volume] (Washington, D.C.) 1854-1972, 1930-07-16
Controller General lnterpretS
Provisions of Brookhart
Salary Act.
INCREASES TO BE GIVEN
WORKERS ON NEXT ROLL
Sweeping Decision, Affecting Thou
sands, Answers Query of :
Commission.

OOIlUEUll6F NIeueIdI MCOdTl UOQay
opened the way for thousands of pay
raises for Government workers effective
the next pay day, July 81.
In a decision of sweeping scope the
controller general interpreted the Brook
hart salary act in what is considered to
be liberal terms, answering specifically
a number of questions submitted by the
Civil Service Commission.
This is the decision which personnel
officers of the Government have awaited
in order to enable them properly 20
pay the new salary increases author
lied by the Brookhart act. The pay
envelopes of July Is were on the old
scale, but the July 81 envelopes viii;
contain increases from the effective date
of the act, which McCarl says in his
decision is July 8, when President
Hoover signed the bill.
Two Negative Rulings.
In all of his answers to the various
questions submitted by the Civil Service
Commission, the Controller General
gave many affirmative but only two
negative rulings. The latter were
based on the proposition that mo per-
of 1923, an increase equal to two steps
as they existed June 30, 1928, is en-
titled to an increase under the Brook
hart act"
Then McCarl said:
1T would seem to be the clear intent
and purpose of this Brookhart act, con-
sidered as a whole, to grant to all en-
ployes within the grades involved who
were - anced less than two steps or
salary rates effective July /, 1928, In the
grade held June 80, 1928, solely by rea-
son of the provisions Of the WEIGH act
of May, 1928, an additional step or SAL
airy rate in the grade held July 8, 1880.
notwithstanding any change in status
by promotion, demotion, ALLEGATION, re-
ALLEGATION, trantfer, reinstatement or
otherwise-either within the same grade
or from one grade to another within
the grade specified-which occurred in
the interval between June 80, 1928, and
July 8, 1880, provided only, that the
grades held June 80, 1928, and the
grades held on July 8, 1890. are both
within those mentioned in the act.
Where an employe entitled to the
benefit of the statute was on July 8,
1880, in higher or lower grade than
the employe held June 30, 1928, in
which the steps or salary rates differ
in amount from those in the grade held
June 80, 1928, the employe is neverthe-
less entitled to an additional step or
salary rate in the grade held July 3,
1880, even though the increase shall
be more or less than the amount of the
increase which would have been re-
ce1ved had the employe received an adj
ditional step or salary rate on July 1,
1928, in the grade held June 80, 1928.
Consider Regular Status.
''The status of all employees on detail
June 80, 1928, and or on July 8, 1880,
shall be considered as in their regular
positions from which detailed for the
purpose of applying the provision of
this amendatory statute.
Adjustments in compensation au-
thortzed and required by the provisions
of this amendatory act are not to be
denied or withheld by reason of the
average provision appearing in the an
nual appropriation acts.
The regular appropriations or per-
sonnet for the current fiscal year are
available for payment of the increases in
compensation authorized and required
by the provisions of this act If the
regular appropriation is insufficient,
each of the departments and independ-
ent establishments affected should sub
init to the Congress through the Bureau
Of the Budget and estimate for such
deficiency appropriations for the cur
cover the increases authorized by this
act, and, OF course, the estimates for
the fiscal year 1882, also should be adj
Justed to provide for said increases"
In passing on the Brookhart act,
which was passed specifically to liber-
alize the WEIGH act, which had been
vartously interpreted, and which had
not provided all the raises it was in
tended to, Controller General McCarl
declared that there were two separate
and distinct Saving clauses" in the
legislation in order to protect the work.
erS' salaries. These clauses he said werd
to cover two separate and distinct sit.
uationS.
Saving Clause Explained.
"Since the second proviso constitutes
specifically saving clause against loss
of salary or authorized advancement of
any present employe," said McCarl, "the
first proviso clearly intends something
in addition to save to employees affected
the benefits of any promotion or allo-
cation for an employe to higher salary
rate or grade and to require ADJUST
mentS in salary rates under the terms
of the amendatory Brookhart statute,
notwithstanding. and in addition to in
creases, If any, which resulted from
promotion or ALLEGATION.
THE word promotion in the first
proviso apparently has been used in its
broadcast sense" said McCarl. land re-
fers to both salary rate or grade: that
is, promotion as here used means any
advancement by administrative action
either in salary rates in the same grade
or from one grade to another. The
word ALLEGATION evidently was intended
Continued on Page 2, Column ID
EuyTrT TIA TATC TT TIT