1015.3. Fixing of two rates.-The fixing of two rates of compensation to apply to an employee whose assignment alternates between field and home station or between duty in the field and duty in the office, is contrary to law (decision of Comptroller General July 24, 1931, 11 C. G. 25).

1015.4. Basis for payment of compensation.-(a) The right of the employee to compensation for his services is established by the terms of the instrument of appointment, or contract of employment. After appointment, changes may be effected in the rate of compensation in accordance with the rules stated in paragraph 1016 of these regulations.

(b) Where the right of an employee to compensation fixed by contract of employment or appointment has accrued by service, it cannot be lawfully increased or diminished. This rule is not applicable where a lower rate has been fixed by law or regulation issued pursuant to law whether or not the employee had notice (decision of the Comptroller General of May 5, 1937, 16 C. G. 979).

1016. CHANGES IN COMPENSATION

1016.1. Prior authority of Secretary of War required.-The salaries of named employees, fixed or approved by the Secretary of War, shall not be changed except by the authority of the Secretary of War previously obtained. The antedating of increases in salaries cannot be approved by the Department, and should not be requested. Changes in salaries authorized by the Secretary of War shall take effect on the date of his approval unless otherwise directed.

1016.2. Reduction in compensation. Before recommendation is made for a reduction in the compensation of any employee whose salary is fixed by the Secretary of War the person whose reduction is desired should be notified in writing as to the reasons therefor and given time in which to make reply. Copies of the correspondence should accompany the recommendation for submission to the Secretary of War.

1016.3. Increase or decrease in salary.-When recommendation is made for an increase in the salary of an educational employee, or of a noneducational employee receiving a compensation in excess of $2,600 per annum, such recommendation should be accompanied by a copy of the efficiency rating card of the employee concerned, together with a statement in duplicate in the form indicated below.

INFORMATION TO ACCOMPANY RECOMMENDATION FOR INCREASE IN PAY

1. Name of employee.

2. Branch of service and station.

3. Title of position.

4. Present compensation.

5. Proposed compensation.

6. Allowances, if any, and value thereof.

7. Specific reasons for the recommendation, including a full statement of the various classes of tasks assigned and the percent of time engaged on each class. If the recommendation is made by reason of change of duties, give full information as to the nature of the change.

8. Does employee work under general supervision or to a large extent on his own responsibility?

9. Extent to which employee works under supervision or on own responsibility

(a) Grades and salaries of employees supervised_ (b) Grade and salary of immediate supervisor___.

10. Relative standing on last efficiency report with respect to those of same salary rate.

11. What are rates paid in vicinity for similar services (1) in business employment; (2) in Government employment?

12. What length of civilian service in or under War Department?

13. What is total length of civilian service under United States Government? 14. Date of appointment under War Department since which service has been continuous

15. Last promotion

from $-.

to $.

16. State briefly educational qualifications, business experience, and what civilservice examination passed.

1016.4. Employment of noneducational employees at former rates of pay.An employee who has been furloughed without pay, laid off without pay, or transferred from a noneducational position the compensation of which has been definitely fixed by the Chief of Engineers to conform to prevailing rates for similar positions or to a recognized wage scale, and in which the employee's compensation has been fixed by the Secretary of War, may be reemployed, if eligible under the provisions of paragraph 1018.10 of these regulations, and may be paid the rate formerly paid him in the position regardless of the fact that he may have been employed in the meantime in a position carrying a lower rate of pay. A reemployment of this character shall be reported to the Chief of Engineers by letter for confirmation by the Secretary of War.

No educational employee who is reemployed from "furlough without pay" or "lay-off without pay" may be paid a rate of compensation in excess of that received by him when last employed in the Engineer Department at large, except upon authority of the Secretary of War, previously obtained.

1017. PROMOTIONS AND OTHER CHANGES IN STATUS

1017.1. Changes in status during probation. The following rules have been established by the Civil Service Commission to govern changes in status during probation:

For all positions the probationary period shall be as provided in the rules, namely, 1 year. During the first 6 months of probationary appointment no change in the status of probationers shall be made, except that assignment of probationers to other positions within the employing agency, identical from a classification standpoint, may be effected. After 6 months of satisfactory service, administrative salary increases, transfers, and reassignments may be permitted in accordance with the regular civil-service rules, except that such transfers cannot be made as between departments or independent establishments, or, in other words, such transfers cannot cross lines defined by appointing authority. Transfers may not be made from the field service to the departmental service during the first 6 months of the probationary period, nor from one district or division office of the Engineer Department to another district or division office. Transfers may be made from point to point within an Engineer district provided these is no change in grade, pay, or class of duties performed. An employee who is to be separated from one Engineer district or division office because of reduction in force, or who has been furloughed or laid off without pay for lack of work, is eligible for transfer to or reemployment in another district of the Engineer Department. An employee laid off at own request is not eligible for such transfer or reemployment. In the case of an employee whose record during the first 6 months of probationary service is unsatisfactory, demotion or reassignment to another position at the same salary may be permitted during the second 6 months of probation, provided the new position is one for which the register from which

the probationer was originally certified would be appropriate and provided such demotion or reassignment is within the employee's own agency as defined by the appointing authority.

In accordance with the rules above stated, employees who have completed the first 6 months of their probationary service, and whose services have been satisfactory, may be recommended for increase in salary in the manner provided in paragraph 1016 of these regulations, or for promotion from one designation and grade to another designation and grade in the manner provided by paragraphs 1017.2-1017.4.

1017.2. Procedure for effecting promotions.-Subject to the rules stated in paragraph 1017.1, any classified employee may be promoted to any educational position upon passing the examination given by the Commission for the position to which promotion is proposed. Service under temporary appointment or in any excepted position cannot be considered as part of the service requisite for promotion under this paragraph.

When it is desired to make any promotion under this paragraph, the District Engineer shall submit the case to the Chief of Engineers in order that the Commission may be requested to give the employee concerned a noncompetitive examination, unless he has already qualified in an open competitive examination. If the employee has qualified in an open competitive examination, copy of "notice of rating" should be furnished with the letter to the Chief of Engineers, recommending promotion, as noncompetitive examination is then unnecessary.

If the employee has not passed the civil-service examination for the grade to which promotion is proposed, civil-service Form 375, executed by him for the proposed grade, should be furnished in duplicate, where promotion is desired to an engineering, accounting, or other position. Civil-service Form 375 is not required in those cases in which promotion is to be made to a stenographic or clerical position.

1017.3. Promotion from under clerk to a position of higher grade.—The civilservice examination given for the grade of under clerk differs from the general clerical or first-grade clerical examination. Accordingly, employees of the grade of under clerk who have passed the examination for that grade only may not be promoted to a higher clerical grade until they have passed the general clerical examination. In recommending promotion from the grade of under clerk, definite statement should be made as to whether the employee has passed the examination for under clerk only, and if he has passed the examination for junior typist, senior typist, junior stenographer, or senior stenographer, or the general clerk (first-grade clerical) examination, the fact should be stated, and copy of notice of rating should be furnished.

1017.4. Noneducational positions. Subject to the rules stated in paragraph 1017.1 above, any noneducational employee may be promoted, demoted, or transferred to another noneducational position if in the opinion of the District Engineer, he has proved himself qualified for the new position, such change in designation to be reported in the report of changes and to be subject to noncompetitive review of his original application by the local board, including the District Manager. If review of the application fails to show possession by the employee of the qualifications required for the new position, and the employee has not previously qualified before the local board for the new position, the local board shall require him to undergo a noncompetitive examination, which shall be submitted to the civil service district manager for final review. If the position to, or from, which an employee is recommended for change in designation is filled from a register maintained by the District Manager, the change in designation shall be subject to his approval.

In reporting action in the reports of changes, it must be stated in each case whether the change in designation is temporary or permanent, and if temporary whether the employment will exceed 90 days; it must also be shown whether the employee has qualified before the local board for the new position, showing date of registration and average attained, in addition to the statement that the change in designation is approved.

1017.5. Temporary promotion to diver.-Any probational or permanent classified employee may, in the discretion of the District Engineer, be temporarily promoted to the position of diver, diver's helper, or diver's tender, when the needs of the service require, for a period not to exceed 30 days, and shall be reassigned to his former position upon completion of the work. All such temporary promotions shall be reported in the reports of changes.

1

1017.6. Reductions and restorations to former grade.-When the condition of the work makes it expedient to do so, the officer in charge may temporarily reduce any classified employee of noneducational grade to a lower grade or rate of pay and may subsequently restore him to his former grade or rate of pay or to any intermediate grade or rate of pay without reference to the Chief of Engineers, the provisions of paragraph 1018.4 of these regulations to govern with reference to reductions in grade or pay of honorably discharged soldiers or sailors or the widows and orphans of such persons.

1017.7. Promotions based on efficiency. All promotions and increases in pay shall be based on relative efficiency as shown by the current efficiency report, and, other things being equal, on length of service in the department.

1017.8. Recommendations for promotion which may not be considered.Section 3 of Civil Service Rule XI, which is quoted below, shall be called from time to time to the attention of all employees in the classified civil service:

“Improper recommendations.-No recommendations for promotion, except in the regular form of periodical service-rating reports or unless it be made by the person or persons under whose supervision such employee has served, shall be considered by any officer concerned in making promotions. Recommendation in any other form or by any other person, if made with the knowledge and consent of the employee, shall be sufficient cause for debarring him from the promotion proposed, and a repetition of the offense shall be sufficient cause for removing him from the service."

1017.9. Notice of proposed reduction in grade.—Before recommendation is made for a reduction in the grade of any employee holding an educational position, whether to another educational position of lower allocation, or to a position of noneducational grade, the person whose change in grade is proposed shall be notified in writing of the proposed action and the reasons therefor and given time in which to make reply. Copies of the correspondence shall accompany the recommendation for submission to the Secretary of War.

1018. SEPARATIONS AND REEMPLOYMENTS

1018.1. (a) Classified employees may be relieved from active duty and placed in nonpay status in any one of the following ways:

(1) By leave without pay.

(2) By furlough without pay.

(3) By being "laid off."

(4) By suspension without pay.

(b) Classified employees may be absolutely separated from the service in any one of the following ways:

(1) By resignation (voluntary or involuntary).

(2) By discharge without prejudice.

(3) By discharge without prejudice due to disability.

(4) By discharge during probation.

(5) By absolute separation without prejudice (voluntary-upon termination of lay-off at own request).

(6) By "Quit the service without prejudice."

(7) By "Quit the service with prejudice."

(8) By retirement.

(9) By dismissal for cause.

(c) Temporary employees may be separated by (1) resignation; (2) termination of temporary employment.

1018.2. Leave without pay.—Leave of absence without pay for not more than 1 year may be granted to worthy employees when special conditions arise, such as illness, for a period in excess of that authorized by the regulations with pay. Such leaves may be granted by district engineers without reference to higher authority. Such leaves do not constitute a separation from the service. An employee who has been on leave of absence without pay for 1 year and who does not return to duty within the authorized period of 1 year cannot be furloughed or laid off without pay at the expiration of the leave without pay. He should be discharged without prejudice in case his services are no longer required; otherwise, he should be required to submit resignation. An employee who has been granted leave of absence without pay for a period of less than 1 year and is furloughed or laid off without pay at expiration of leave without pay shall be eligible for reemployment from furlough or lay-off only within 1 year from date of commencement of leave without pay.

1018.3. Status of employee paid compensation by the United States Employees' Compensation Commission.-An employee injured in line of duty shall be granted leave of absence without pay for such period as he may be paid compensation by the United States Employees' Compensation Commission. Upon termination of disability and discontinuance of payments by the United States Employees' Compensation Commission, the employee may be restored to duty if his services are required; if his services are no longer required he may be reported as furloughed without pay or laid off without pay, or discharged without prejudice because of lack of work, effective at close of business on date of termination of payments by the United States Employees' Compensation Commission. If the employee is offered restoration to duty but does not desire to return to the service, he should be required to resign.

1018.4. Reductions in force.-(a) When a work is completed, or for any cause a reduction is made in the number of employees, the officer in charge shall exercise his discretion, subject to the rules stated below, as to those employees who are to be retained and those who are to be placed in a nonpay status or separated from the service. Temporary employees must be separated before those with a permanent or probational status. Those classified employees whose services are no longer needed may be furloughed without pay, laid off, or discharged without prejudice. No employee entitled to military preference in appointment shall be discharged or dropped or reduced in rank or salary if his record is good, or if his efficiency rating is equal to that of any employee in competition with him who is retained in the service.

(b) In effecting reduction in force, employees shall be considered by groups as follows, and only those employees in the class under consideration who are engaged in the same line of work shall be regarded as in competition with each other. Reduction in force shall be made by groups in the order stated below, and all employees of each group taken in order, including those entitled to