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B-59131, JANUARY 28, 1947, 26 COMP. GEN. 529

B-59131 Jan 28, 1947
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COMPENSATION - POSTAL SERVICE - RAILWAY POSTAL CLERKS RELEGATED FROM REGULAR TO SUBSTITUTE SURPLUS RAILWAY POSTAL CLERKS WHO HAVE BEEN RELEASED FROM THEIR REGULAR ASSIGNMENTS AND EMPLOYED AS SUBSTITUTES SHOULD BE PAID AT HOURLY RATES. IT WAS SUGGESTED THAT THE SUBJECT SHOULD BE SUBMITTED FORMALLY FOR AN OFFICIAL DECISION. MAY NOT BE REDUCED IN GRADE AND THAT THEY HAVE THE STATUS OF SUBSTITUTES FOR PROMOTION. IF THIS ASSUMPTION IS CORRECT THE SPECIFIC QUESTION TO BE ANSWERED NOW IS HOW THE HOURLY RATE OF PAY SHOULD BE DETERMINED. IF THIS METHOD OF DETERMINING THE HOURLY RATE IS THE CORRECT PROCEDURE. IT WAS STATED IN SUBSTANCE THAT WITH RESPECT TO REGULAR CLERKS WHO ARE SURPLUSSED AND RELEGATED TO SUBSTITUTE POSITIONS UNDER THE FACTS AND CIRCUMSTANCES THERE STATED.

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B-59131, JANUARY 28, 1947, 26 COMP. GEN. 529

COMPENSATION - POSTAL SERVICE - RAILWAY POSTAL CLERKS RELEGATED FROM REGULAR TO SUBSTITUTE SURPLUS RAILWAY POSTAL CLERKS WHO HAVE BEEN RELEASED FROM THEIR REGULAR ASSIGNMENTS AND EMPLOYED AS SUBSTITUTES SHOULD BE PAID AT HOURLY RATES--- ESTABLISHED BY SECTION 16 (K) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, AS AMENDED--- FOR SUBSTITUTE RAILWAY POSTAL CLERK GRADES CORRESPONDING NUMERICALLY WITH THE GRADES THERETOFORE HELD AS REGULAR EMPLOYEES, BUT NOT TO EXCEED THE RATE OF THE MAXIMUM GRADE (GRADE 9) ESTABLISHED BY SAID SECTION 16 (K), AS AMENDED, FOR SUBSTITUTES. 26 COMP. GEN. 96, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JANUARY 28, 1947:

THERE HAS BEEN CONSIDERED YOUR LETTER OF DECEMBER 4, 1946, REF. 24, AS FOLLOWS:

WHEN REPRESENTATIVES FROM THE BUREAU OF THE SECOND ASSISTANT POSTMASTER GENERAL MET NOVEMBER 26 WITH REPRESENTATIVES FROM YOUR OFFICE TO DISCUSS THE METHOD OF PAYING SURPLUS RAILWAY POSTAL CLERKS, IT WAS SUGGESTED THAT THE SUBJECT SHOULD BE SUBMITTED FORMALLY FOR AN OFFICIAL DECISION.

IN DECISIONS RENDERED ENDING WITH B-59131, IT HAS BEEN HELD THAT SURPLUS RAILWAY POSTAL CLERKS OR CLERKS RELEASED FROM THEIR REGULAR ASSIGNMENTS TO WORK AS SUBSTITUTES, MAY NOT BE REDUCED IN GRADE AND THAT THEY HAVE THE STATUS OF SUBSTITUTES FOR PROMOTION.

SINCE SURPLUS RAILWAY POSTAL CLERKS MUST BE EMPLOYED AS SUBSTITUTES AND PROMOTED AS SUBSTITUTES APPARENTLY THEY SHOULD BE PAID ON AN HOURLY BASIS FOR ALL SERVICE RENDERED WITH NO OVERTIME, REGARDLESS OF THE NUMBER OF HOURS SERVED IN A PAY PERIOD.

IF THIS ASSUMPTION IS CORRECT THE SPECIFIC QUESTION TO BE ANSWERED NOW IS HOW THE HOURLY RATE OF PAY SHOULD BE DETERMINED. PUBLIC LAW 134, APPROVED JULY 6, 1945, PROVIDES A FORMULA IN SECTION 16, PARAGRAPH (P) AND (Q), FOR FIXING "THE BASE HOURLY COMPENSATION" BY DIVIDING THE ANNUAL SALARY OR COMPENSATION FOR SUCH EMPLOYEES BY TWO THOUSAND AND TWENTY-FOUR, THE NUMBER OF WORKING HOURS IN A YEAR.

IF THIS METHOD OF DETERMINING THE HOURLY RATE IS THE CORRECT PROCEDURE, IT SEEMS THE SUBSTITUTE PAY TABLES SHOWN IN FORM B/A-10, ATTACHED, MAY BE USED FOR SURPLUS CLERKS TO AND INCLUDING GRADE 9 AND ADDITIONAL HOURLY RATE TABLES MAY BE PREPARED IN THE MANNER SUGGESTED FOR SURPLUS CLERKS ABOVE GRADE 9, ASSUMING, OF COURSE, THAT THESE EMPLOYEES SHOULD BE PAID ON AN HOURLY BASIS WHILE CARRIED ON THE ROLLS AS SURPLUS CLERKS.

IN THE DECISION OF AUGUST 7, 1946, B-59131, 26 COMP. GEN. 96, TO YOU, TO WHICH YOU REFER, IT WAS STATED IN SUBSTANCE THAT WITH RESPECT TO REGULAR CLERKS WHO ARE SURPLUSSED AND RELEGATED TO SUBSTITUTE POSITIONS UNDER THE FACTS AND CIRCUMSTANCES THERE STATED, NO PROVISION OF LAW COULD BE FOUND REQUIRING THEIR REDUCTION TO A GRADE, AS SUBSTITUTE, BELOW THAT CORRESPONDING NUMERICALLY WITH THE GRADE THERETOFORE HELD AS A REGULAR EMPLOYEE. HOWEVER, THE DECISION DID NOT HOLD, NOR WAS IT INTENDED TO HOLD, THAT SUBSTITUTE RAILWAY POSTAL CLERKS MAY BE ASSIGNED A SALARY RATE DIFFERENT FROM THAT APPLICABLE IN THE CASE OF SUBSTITUTE EMPLOYEES, GENERALLY, OR ABOVE THAT OF THE MAXIMUM GRADE (GRADE 9) PROVIDED BY LAW FOR THE POSITION. SECTION 16 (K) OF THE POSTAL EMPLOYEES' PAY ACT OF 1945, APPROVED JULY 6, 1945, PUBLIC LAW 134, 59 STAT. 453, AND THE ACT OF MAY 21, 1946, PUBLIC LAW 386, 60 STAT. 203. CONSEQUENTLY, ON AND AFTER THE EFFECTIVE DATE OF THEIR RELEGATION TO SUBSTITUTE POSITIONS EXISTING SUBSTITUTE PAY TABLES IN FORM B/A-10 MAY BE USED FOR SURPLUS CLERKS SO RELEGATED TO AND INCLUDING GRADE 9, AND THE PREPARATION OF ADDITIONAL HOURLY RATE TABLES FOR SURPLUS CLERKS ABOVE GRADE 9 IS NEITHER AUTHORIZED NOR REQUIRED.

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