Evening star., 1941-08-14
Civil Service
Average Clause
Is Ruled Void
Controller General
Says Romspeek-Meod
Pay Act NuIIifies 1t
BY ]. A. FOX.

The average clause" which for
years has operated to restrict the
salaries paid to Federal employees in
the classified service has been voided
by the new Ramspeck- Mead Pay
Act, Controller General Lindsay G.
Warren told Budget Director Harold
D. Smith in a decision made public
today.
The average clause customarily
appended to appropriation bills pro-
vided that the average of the total
salaries paid to all employees in the
same grade in any agency should not
exceed the average of the pay rates
specified for that grade by the Clas-
sification Act. Its appearance in a
number of money bills for the cur
rent fiscal year prompted the ques-
ton by Budget Director Smith in
the light of the later passage OF
periodic increases which was signed
by President Roosevelt August /.
The Two Conflict.
THE average provision" Control
Ter General Warren told Director
Smith, operates to preclude salary
advances within grade TO some en-
ployes regardless of how efficient
their services may have been or how
long they may have served without
any increase whatever.
The act of August l (RamSpeck-
Mead provides uniform within-
grade salary advancement plan for
all employees compensated on a per
annum basis and occupying perma-
nent positions within the scope Of
| the compensation schedules fixed by
the Classification Act regardless Of
whether their salary rates are below
or above the middle or average sal-
airy rate of the grade"
Consequently, he continued, the
Ramspeck-Mead provisions granting
advances on the basis of service and
efficiency are inconsistent and in
conflict with the average provision"
Therefore, he added, that restriction
no longer would apply.
Civil Service Can Fix Rates.
In another decision today, to the
Secretary of Agriculture Wickard,
Mr.. Warren said the Civil Service
Commission had the right to deter
mine the salary rates to be paid to
persons who qualify for civil serv-
ice employment after they have
come into the Government without
/ civil service status.
Secretary Wickard in raising this
! question, explained that there were
a number of positions in the de-
partment that are under the Class
| lf1cation Act but whose incumbents
have been appointed without re-
gard to civil service law. The in
itial appointments of these incum-
bents were made at the minimum
salary rates, he continued, but in
some instances their services have
been valuable and they have re-
ceived promotions.
From time to time, he said, the
name of one Of these incumbents
is reached on civil service register
of elgibles and 1t is then the policy
Of the department to make a civil
service appointment in order that
the individual may gain civil serv-
ice status.
On this point, Mr.. Warren said:
I'm cases involving a change from
an unclaSsified to a competitive
classified civil service status, the
initial salary rate of the employe
upon acquiring the competitive
classified civil service status in the
same or a different position would
be the minimum salary rate Of the
grade in which the position has been
allocated, unless other action is
specifically authorized by the Civil
Service Commission"