B-69688, OCT. 23, 1957

B-69688, OCT. 23, 1957

TO MR. WALTER C. WARFIELD:

WE HAVE BEFORE US YOUR CLAIM AS AN EMPLOYEE OF THE POSTAL TRANSPORTATION SERVICE, NOT ASSIGNED TO ROAD DUTY FOR COMPENSATION COVERING CLERICAL SERVICES RENDERED TO THE FEDERAL CIVIL DEFENSE ADMINISTRATION IN CONNECTION WITH DISASTER RELIEF ACTIVITIES IN THE FLOOD STRICKEN AREAS OF NORTHEASTERN PENNSYLVANIA ON SATURDAY AND SUNDAY, AUGUST 27 AND 28, 1955.

YOU SAY THAT YOU WERE CONTACTED BY A SPECIAL CIVIL SERVICE COMMISSION REPRESENTATIVE WHO REQUESTED YOU TO REPORT FOR DUTY THE FOLLOWING DAY AND PERFORM SERVICES FOR WHICH YOU WOULD BE COMPENSATED AT OVERTIME RATES SINCE THIS WORK WOULD BE IN ADDITION TO YOUR 40-HOUR WORKWEEK WITH THE POSTAL TRANSPORTATION SERVICE. YOU ALSO SAY THAT YOU WERE INFORMED PAYMENT FOR THESE SERVICES WAS TO BE MADE BY THE POST OFFICE DEPARTMENT WITH REIMBURSEMENT TO THAT ORGANIZATION BY THE FEDERAL CIVIL DEFENSE ADMINISTRATION. WE HAVE BEEN INFORMALLY ADVISED THAT THE FEDERAL CIVIL DEFENSE ADMINISTRATION OBTAINED YOUR SERVICES BY AND WITH THE CONSENT OF THE POST OFFICE DEPARTMENT.

AFTER YOUR SERVICES WERE RENDERED, BUT BEFORE YOU WERE PAID, THE POST OFFICE DEPARTMENT REQUESTED PAYMENT IN YOUR BEHALF FROM THE FEDERAL CIVIL DEFENSE ADMINISTRATION. MR. F. O. STARR, DIRECTOR, BUDGET AND FISCAL OFFICE, FEDERAL CIVIL DEFENSE ADMINISTRATION, INFORMED THE POST OFFICE DEPARTMENT THAT REIMBURSEMENT TO THAT DEPARTMENT FOR ANY PAYMENTS MADE TO YOU COULD NOT BE PAID. THE REASON FOR DENYING REIMBURSEMENT IS STATED AS FOLLOWS:

"UNDER SECTION 3 OF PUBLIC LAW 875 (42 U.S.C. 1855), AS DELEGATED BY EXECUTIVE ORDER NO. 10427, FCDA HAS THE AUTHORITY TO DIRECT FEDERAL AGENCIES TO ASSIST IN MAJOR DISASTERS. HOWEVER, UNFORTUNATELY FCDA HAS NOT BEEN DELEGATED THE AUTHORITY OF SECTION 7 OF THE LAW WHICH PROVIDES FOR REIMBURSEMENT OF EXPENDITURES OF FEDERAL AGENCIES RENDERING SERVICES IN CONNECTION WITH SECTION 3.

"SEVERAL MONTHS AGO, FCDA SUBMITTED A PROPOSED PROCEDURE FOR REIMBURSEMENT OF THESE AGENCIES TO THE BUREAU OF THE BUDGET FOR APPROVAL. THE BUREAU OF THE BUDGET, ON BEHALF OF THE PRESIDENT, HAS RETURNED A REVISED DRAFT OF THIS PROCEDURE. ONE OF THE MAJOR REVISIONS IS THAT REIMBURSEMENTS SHALL BE DISALLOWED IF THEY AMOUNT TO LESS THAN $1,000 FOR ANY ONE ACCOUNT. THE REASON FOR THIS IS THAT EXPENDITURES OF LESS THAN $1,000 WOULD SEEM TO BE WELL WITHIN THE CAPACITY OF ANY AGENCY TO ABSORB AND THAT SUCH SMALL ITEMS WOULD ENTAIL MORE ADMINISTRATIVE LABOR THAN IS WARRANTED.

"ALTHOUGH FCDA GREATLY APPRECIATES THE COOPERATION AND ASSISTANCE RECEIVED FROM YOUR AGENCY, IT WILL NOT BE POSSIBLE TO PROCESS YOUR SF 1080 FOR PAYMENT FOR REASON THAT IT IS LESS THAN THE MINIMUM REIMBURSABLE ACCOUNT.'

THE POST OFFICE DEPARTMENT ALSO DECLINED TO PAY OVERTIME COMPENSATION TO YOU BECAUSE OF THE RESTRICTION IN SECTION 16/P) OF THE ACT OF JULY 6, 1945, 59 STAT. 454, AS AMENDED, WHICH PROVIDES, IN PART, AS FOLLOWS:

"/P) WHEN THE NEEDS OF THE SERVICE REQUIRE EMPLOYEES OF THE RAILWAY MAIL AND AIR MAIL SERVICES, OTHER THAN RAILWAY POSTAL CLERKS ASSIGNED TO ROAD DUTY AND OFFICER, TO PERFORM SERVICE ON SATURDAYS, SUNDAYS, OR HOLIDAYS THEY SHALL BE ALLOWED COMPENSATORY TIME FOR SUCH SERVICE WITHIN FIVE WORKING DAYS NEXT SUCCEEDING THE SATURDAY OR SUNDAY, AND ON ONE DAY WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY; PROVIDED, HOWEVER, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE, AUTHORIZE THE PAYMENT OF OVERTIME FOR SERVICES PERFORMED ON THE SATURDAYS, SUNDAYS DURING THE MONTH OF DECEMBER, AND ON CHRISTMAS DAY IN LIEU OF COMPENSATORY IME: * * *"

THUS, IT MAY BE SEEN THAT NEITHER THE APPROPRIATIONS OF THE POST OFFICE DEPARTMENT NOR THE FEDERAL CIVIL DEFENSE ADMINISTRATION ARE AVAILABLE FOR PAYMENT OF OVERTIME SERVICES PERFORMED BY YOU IN THE MONTH OF AUGUST 1955 AND CONSEQUENTLY YOUR CLAIM MUST BE AND IS DISALLOWED.