B-31488, JANUARY 8, 1943, 22 COMP. GEN. 627

B-31488, JANUARY 8, 1943, 22 COMP. GEN. 627

OVERTIME AND ADDITIONAL COMPENSATION RIGHTS OF POSTAL EMPLOYEES UNDER THE ACT OF DECEMBER 22, 1942 THE ACT OF DECEMBER 22, 1942, WHICH, WITH CERTAIN EXCEPTIONS, EXTENDS TO GOVERNMENT EMPLOYEES GENERALLY THE AUTHORIZATION CONTAINED IN CERTAIN PRIOR LAWS TO RECEIVE OVERTIME COMPENSATION FOR EMPLOYMENT IN EXCESS OF 40 HOURS IN ANY ADMINISTRATIVE WORKWEEK, SUPERSEDES AND RENDERS INOPERATIVE, SO LONG AS IT CONTINUES IN EFFECT, 39 U.S.C. 117 AND ALL SIMILAR LAWS AUTHORIZING PAYMENT OF OVERTIME COMPENSATION TO POSTAL EMPLOYEES ON A DAILY BASIS, AND, THEREFORE, REGULAR CLASSIFIED POSTAL SERVICE EMPLOYEES MAY NOT BE PAID OVERTIME COMPENSATION FOR SERVICES IN EXCESS OF 8 HOURS IN ANY ONE DAY IN CASES WHERE THE TOTAL HOURS OF SERVICE DURING THE WEEK DO NOT EXCEED 40. WHILE THE ANNUAL SALARY RATES OF SUPERVISORY POSTAL EMPLOYEES AT FIRST CLASS POST OFFICES ARE REQUIRED BY THE PROVISIONS OF 39 U.S.C. 86 TO BE ADJUSTED EACH YEAR ON THE BASIS OF THE PRECEDING YEAR'S POSTAL RECEIPTS OF THE PARTICULAR POST OFFICE IN WHICH EMPLOYED, EXISTING SALARY RATES WILL REMAIN CONSTANT DURING THE LIFE OF THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, THAT IS, UNTIL APRIL 30, 1943, AND, THEREFORE, SUCH EMPLOYEES FALL WITHIN THE MEANING OF THE SECOND PROVISO TO SECTION 1 OF SAID ACT RELATING TO THE PAYMENT OF OVERTIME COMPENSATION, RATHER THAN WITHIN THE FOURTH PROVISO TO SAID SECTION RELATING TO THE PAYMENT OF 10 PERCENT ADDITIONAL COMPENSATION IN LIEU OF OVERTIME COMPENSATION WHERE COMPENSATION IS BASED ON POSTAL RECEIPTS, FEES, ETC., OR ON "OTHER THAN A TIME PERIOD BASIS.' THE OVERTIME COMPENSATION ACT OF DECEMBER 22, 1942, DOES NOT SUPERSEDE OR RENDER INOPERATIVE THOSE PROVISIONS OF 39 U.S.C. 118 WHICH AUTHORIZE THE GRANTING OF COMPENSATORY TIME OFF FROM DUTY TO CERTAIN POSTAL EMPLOYEES FOR WORK PERFORMED ON SUNDAYS AND HOLIDAYS, AND IT IS NOW WITHIN THE DISCRETION OF THE POSTMASTER GENERAL EITHER TO GRANT COMPENSATORY TIME OFF FROM DUTY FOR WORK ON SUNDAYS AND HOLIDAYS, AS AUTHORIZED BY SAID PROVISIONS OF THE CODE, OR TO PAY OVERTIME COMPENSATION UNDER THE SAID ACT OF DECEMBER 22, 1942, FOR SUCH WORK ON ANY SUNDAY OR HOLIDAY OF THE YEAR IF THE TOTAL OF THE HOURS WORKED DURING THAT WEEK EXCEEDS 40. IF, AS AUTHORIZED BY THE PROVISIONS OF 39 U.S.C. 118, COMPENSATORY TIME OFF FROM DUTY FOR WORK PERFORMED ON SUNDAYS AND HOLIDAYS IS GRANTED TO POSTAL EMPLOYEES, SUCH TIME OFF IS TO BE REGARDED AS PART OF THE REGULAR TOUR OF DUTY OF 40 HOURS PER WEEK FOR THE PURPOSE OF COMPUTING OVERTIME COMPENSATION PAYABLE UNDER THE ACT OF DECEMBER 22, 1942, FOR WORK ACTUALLY PERFORMED IN EXCESS OF THE REGULAR WEEKLY TOUR OF DUTY OF 40 HOURS. THE 10 PERCENT EXTRA PAY FOR NIGHT WORK AUTHORIZED TO BE PAID POSTAL EMPLOYEES BY 39 U.S.C. 828 IS NOT TO BE REGARDED AS A PART OF THEIR "BASE PAY" ON WHICH THE OVERTIME OR 10 PERCENT ADDITIONAL COMPENSATION AUTHORIZED BY THE ACT OF DECEMBER 22, 1942, IS TO BE COMPUTED. THE ACT OF DECEMBER 22, 1942, WHICH AUTHORIZES PAYMENT OF 10 PERCENT ADDITIONAL COMPENSATION TO PERSONS WHOSE COMPENSATION IS BASED ON POSTAL RECEIPTS, ETC., HAS THE EFFECT DURING ITS LIFE--- FROM DECEMBER 1, 1942, THROUGH APRIL 30, 1943--- OF INCREASING BY 10 PERCENT ANY CREDIT FOR POSTAL RECEIPTS AUTHORIZED BY THE PROVISIONS OF 39 U.S.C. 57 TO BE INCLUDED IN COMPUTING THE BASIC COMPENSATION OF FOURTH-CLASS POSTMASTERS, AND, ALSO, OF INCREASING BY 10 PERCENT THE LIMITATIONS ON THE QUARTERLY CREDITS AUTHORIZED BY SAID PROVISIONS OF THE CODE--- SUBJECT TO REASONABLE ADJUSTMENTS REQUIRED BY REASON OF THE FACT THAT THE EFFECTIVE AND TERMINATION DATES OF SAID ACT OF DECEMBER 22, 1942, DO NOT INVOLVE THE COMPLETE QUARTER IN WHICH THEY APPEAR, RESPECTIVELY. NO DIFFERENT CLASSES OF POSTAL RECEIPTS FROM THOSE AUTHORIZED BY 39 U.S.C. 57 TO BE INCLUDED IN DETERMINING THE BASIC COMPENSATION OF FOURTH- CLASS POSTMASTERS MAY BE INCLUDED IN DETERMINING THE 10 PERCENT ADDITIONAL COMPENSATION TO WHICH SUCH POSTMASTERS ARE ENTITLED UNDER THE ACT OF DECEMBER 22, 1942. CLERKS AT THIRD-CLASS POST OFFICES PAID FROM THE AUTHORIZED CLERK HIRE ALLOWANCE FOR POSTMASTERS ARE "CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT" WITHIN THE MEANING OF THE OVERTIME AND ADDITIONAL COMPENSATION ACT OF DECEMBER 22, 1942, AND, AS SUCH, ARE INCLUDED IN ITS PROVISION.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, JANUARY 8, 1943:

I HAVE YOUR LETTER OF JANUARY 1, 1943, AS FOLLOWS:

SENATE JOINT RESOLUTION 170 APPROVED DECEMBER 22 IS APPLICABLE TO ALL CIVILIAN EMPLOYEES OF THE GOVERNMENT AND THE APPLICABILITY OF CERTAIN PROVISIONS OF THIS RESOLUTION TO THE POSTAL SERVICE I FIND NECESSARY TO SUBMIT TO YOU FOR DECISION.

1. SHOULD OVERTIME BE PAID TO REGULAR CLASSIFIED EMPLOYEES IN THE POSTAL SERVICE FOR SERVICES IN EXCESS OF 8 HOURS IN ANY ONE DAY IN CASES WHERE THE TOTAL HOURS OF SERVICE DURING THE WEEK ARE ONLY 40 HOURS OR LESS, AND IF SO, SHOULD SUCH PAYMENTS BE MADE AT THE REGULAR RATE OR AT THE RATE OF TIME-AND-A-HALF.

2. SHOULD POST OFFICE SUPERVISORS BE PAID FOR SERVICES IN EXCESS OF 40 HOURS PER WEEK, OR MUST THEY BE CLASSED AS EMPLOYEES WHOSE COMPENSATION IS BASED ON POSTAL RECEIPTS AND AS SUCH BE PAID THE 10 PERCENT BONUS IN LIEU OF OVERTIME.

3. SHOULD COMPENSATORY TIME BE GRANTED TO REGULAR EMPLOYEES FOR SERVICES ON SUNDAYS OR HOLIDAYS.

4. SHOULD THE EARNED BASIC COMPENSATION OF SUBSTITUTE EMPLOYEES ON WHICH THE 10 PERCENT BONUS IS CALCULATED INCLUDE PAYMENTS FOR NIGHT DIFFERENTIAL.

5. SHOULD NIGHT DIFFERENTIAL BE INCLUDED IN SALARY PAYMENTS TO REGULAR EMPLOYEES FOR THE PURPOSE OF CALCULATING THE OVERTIME PAY.

6. SHOULD THE EARNED BASIC COMPENSATION ON WHICH THE 10 PERCENT BONUS IS CALCULATED IN LIEU OF OVERTIME, IN THE CASE OF POSTMASTERS OF THE FOURTH CLASS, INCLUDE BOX RENTS, COMMISSIONS ON CANCELLATIONS AND ON MONEY ORDERS ISSUED, AND SPECIAL DELIVERY FEES.

7. ARE CLERKS AT THIRD CLASS POST OFFICES WHO ARE PAID FROM AUTHORIZED CLERK HIRE ALLOWANCES TO POSTMASTERS, TO BE CONSIDERED AS CIVILIAN EMPLOYEES AND AS SUCH INCLUDED IN THE PROVISIONS OF THIS RESOLUTION.

IN VIEW OF THE FACT THAT THIS RESOLUTION IS ALREADY IN EFFECT, YOU WILL APPRECIATE I AM SURE THE DESIRABILITY OF A PROMPT REPLY.

SECTION 117, TITLE 39, U.S. CODE, PROVIDES:

HOURS OF WORK FOR SPECIAL CLERKS, CLERKS, AND LABORERS IN FIRST- AND SECOND-CLASS OFFICES, AND CARRIERS IN CITY DELIVERY SERVICE; OVERTIME PAY.

SPECIAL CLERKS, CLERKS, AND LABORERS, IN THE FIRST- AND SECOND-CLASS POST OFFICES AND CARRIERS IN THE CITY DELIVERY SERVICE SHALL BE REQUIRED TO WORK NOT MORE THAN EIGHT HOURS A DAY. THE EIGHT HOURS OF SERVICE SHALL NOT EXTEND OVER A LONGER PERIOD THAN TEN CONSECUTIVE HOURS, AND THE SCHEDULES OF DUTY OF THE EMPLOYEES SHALL BE REGULATED ACCORDINGLY. CASES OF EMERGENCY, OR IF THE NEEDS OF THE SERVICE REQUIRE, AND IT IS NOT PRACTICABLE TO EMPLOY SUBSTITUTES, SPECIAL CLERKS, CLERKS, AND LABORERS, IN FIRST- AND SECOND-CLASS POST OFFICES AND CARRIERS IN THE CITY DELIVERY SERVICE CAN BE REQUIRED TO WORK IN EXCESS OF EIGHT HOURS PER DAY, AND FOR SUCH OVERTIME SERVICES THEY SHALL BE PAID ON THE BASIS OF THE ANNUAL PAY RECEIVED BY SUCH EMPLOYEES. IN COMPUTING COMPENSATION FOR SUCH OVERTIME THE ANNUAL SALARY OR COMPENSATION FOR SUCH EMPLOYEES SHALL BE DIVIDED BY THREE HUNDRED AND SIX, THE NUMBER OF WORKING DAYS IN THE YEAR LESS ALL SUNDAYS AND LEGAL HOLIDAYS ENUMERATED IN SECTION 119 OF THIS TITLE; THE QUOTIENT THUS OBTAINED WILL BE THE DAILY COMPENSATION WHICH DIVIDED BY EIGHT WILL GIVE THE HOURLY COMPENSATION FOR SUCH OVERTIME SERVICE. ( MAR. 4, 1911, CH. 241, SEC. 3, 36 STAT. 1339; AUG. 24, 1912, CH. 389, SEC. 5, 37 STAT. 554; JULY 28, 1916, CH. 261, SEC. 1, 39 STAT. 416; FEB. 28, 1925, CH. 368, SEC. 4, 43 STAT. 1059.)

SECTION 1 OF THE ACT OF DECEMBER 22, 1942, 56 STAT. 1068, PUBLIC LAW 821 ( S.J. RES. 170), PROVIDES IN PERTINENT PART:

* * * THAT THE JOINT RESOLUTION ENTITLED " JOINT RESOLUTION EXTENDING THE PERIOD FOR WHICH OVERTIME RATES OF COMPENSATION MAY BE PAID UNDER CERTAIN ACTS," APPROVED JULY 3, 1942, IS AMENDED BY STRIKING OUT " NOVEMBER 30, 1942," AND INSERTING " APRIL 30, 1943: " PROVIDED, THAT THE AUTHORIZATION CONTAINED HEREIN TO PAY OVERTIME COMPENSATION TO CERTAIN GROUPS OF EMPLOYEES IS HEREBY EXTENDED, EFFECTIVE DECEMBER 1, 1942, TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT, INCLUDING GOVERNMENT- OWNED OR CONTROLLED ORGANIZATIONS (EXCEPT EMPLOYEES IN THE LEGISLATIVE AND JUDICIAL BRANCHES), AND TO THOSE EMPLOYEES OF THE DISTRICT OF COLUMBIA MUNICIPAL GOVERNMENT WHO OCCUPY POSITIONS SUBJECT TO THE CLASSIFICATION ACT OF 1923, AS AMENDED: * * * THIS NEWER STATUTE EXTENDS "TO ALL CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT," (NOT EXPRESSLY EXCEPTED, INCLUDING EMPLOYEES IN THE POSTAL SERVICE PAID ON A TIME BASIS WHO WORK FULL TIME) THE AUTHORITY CONTAINED IN THE EARLIER LAWS MENTIONED IN SAID STATUTE, WHICH WERE APPLICABLE TO THE WAR AND NAVY DEPARTMENTS, TO PAY OVERTIME COMPENSATION ONLY IN ACCORDANCE WITH THE FORMULA STATED IN SAID EARLIER LAWS, THAT IS,"COMPENSATION FOR EMPLOYMENT IN EXCESS OF FORTY HOURS IN ANY ADMINISTRATIVE WORKWEEK COMPUTED AT A RATE OF ONE-AND-ONE- HALF TIMES THE REGULAR RATE" AND "THAT IN DETERMINING THE OVERTIME COMPENSATION FOR THE FOREGOING PER ANNUM EMPLOYEES THE PAY FOR ONE DAY SHALL BE CONSIDERED TO BE ONE THREE-HUNDRED-SIXTIETH OF THE RESPECTIVE PER ANNUM SALARIES.' (QUOTING FROM SECTION 1 OF THE ACT OF JUNE 3, 1941, 55 STAT. 241.) SEE, ALSO, ACT OF OCTOBER 21, 1940, 54 STAT. 1205; ACT OF JUNE 28, STAT. 676; AND 20 COMP. GEN. 39. HENCE, THE ACT OF DECEMBER 22, 1942--- SO LONG AS IT CONTINUES IN EFFECT--- SUPERSEDES AND RENDERS INOPERATIVE SECTION 117, TITLE 39, U.S. CODE, AND SIMILAR LAWS AUTHORIZING PAYMENT OF OVERTIME COMPENSATION TO POSTAL EMPLOYEES ON A DAILY BASIS. QUESTION 1 MUST BE AND IS ANSWERED IN THE NEGATIVE. SEE IN THAT CONNECTION PROVISIONS OF EXECUTIVE ORDER NO. 9289, DATED DECEMBER 26, 1942, PARTICULARLY SECTIONS 2 AND 3 THEREOF.

THE FOURTH PROVISO IN SECTION 1 OF THE ACT OF DECEMBER 22, 1942, READS;

AND PROVIDED FURTHER, THAT OFFICERS OR EMPLOYEES WHOSE COMPENSATION IS BASED ON MILEAGE, POSTAL RECEIPTS, FEES, PIECEWORK, OR OTHER THAN A TIME PERIOD BASIS OR WHOSE HOURS OF DUTY ARE INTERMITTENT, IRREGULAR, OR LESS THAN FULL TIME, SUBSTITUTE EMPLOYEES WHOSE COMPENSATION IS BASED UPON A RATE PER HOUR OR PER DAY, AND EMPLOYEES IN OR UNDER THE LEGISLATIVE AND JUDICIAL BRANCHES, SHALL BE PAID ADDITIONAL COMPENSATION, IN LIEU OF THE OVERTIME COMPENSATION AUTHORIZED HEREIN, AMOUNTING TO 10 PERCENTUM OF SO MUCH OF THEIR EARNED BASIC COMPENSATION AS IS NOT IN EXCESS OF A RATE OF $2,900 PER ANNUM, AND EACH SUCH EMPLOYEE SHALL BE PAID ONLY SUCH ADDITIONAL COMPENSATION OR PORTION THEREOF AS WILL NOT CAUSE HIS AGGREGATE COMPENSATION TO EXCEED A RATE OF $5,000 PER ANNUM. ( ITALICS SUPPLIED.)

IT IS UNDERSTOOD THAT THE "POST OFFICE SUPERVISORS" MENTIONED IN QUESTION 2 ARE POSTAL EMPLOYEES OTHER THAN IN THE AUTOMATIC SALARY GRADES WHOSE SALARIES ARE FIXED ON AN ANNUAL BASIS, THE ANNUAL RATES BEING SUBJECT TO ADJUSTMENT EACH YEAR ON THE BASIS OF THE POSTAL RECEIPTS OF THE PARTICULAR POST OFFICE IN WHICH THEY ARE EMPLOYED. 39 U.S.C. 86. WHILE THE POSTAL RECEIPTS OF A POST OFFICE DETERMINE WHETHER OR NOT THE ANNUAL SALARY RATES OF SUPERVISORY POSTAL EMPLOYEES MUST BE ADJUSTED FROM YEAR TO YEAR, THE ANNUAL SALARY RATES OF SUCH EMPLOYEES REMAIN CONSTANT DURING THE PERIOD OF A YEAR AND THE EXISTING SALARY RATES WILL REMAIN CONSTANT DURING THE LIFE OF THE ACT OF DECEMBER 22, 1942, THAT IS, UNTIL APRIL 30, 1943. HENCE, IT MAY NOT BE CONCLUDED THAT THE COMPENSATION OF SUPERVISORY EMPLOYEES OF THE POSTAL SERVICE IS BASED ON "OTHER THAN A TIME BASIS" WITHIN THE MEANING OF THE FOURTH PROVISO TO SECTION 1 OF THE ACT OF DECEMBER 22, 1942, QUOTED ABOVE. THEREFORE, SUCH EMPLOYEES FALL WITHIN THE PROVISIONS OF THE SECOND PROVISO OF SECTION 1 OF THE STATUTE RELATING TO PAYMENT OF OVERTIME COMPENSATION, RATHER THAN THE FOURTH PROVISO RELATING TO PAYMENT OF ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS. QUESTION 2 IS ANSWERED ACCORDINGLY.

SECTION 118, TITLE 39, U.S. CODE, PROVIDES:

COMPENSATORY TIME TO FOREMEN, SPECIAL CLERKS, CARRIERS, WATCHMEN, MESSENGERS, OR LABORERS, AT FIRST- AND SECOND-CLASS OFFICES FOR WORK ON SUNDAYS OR HOLIDAYS; OVERTIME IN LIEU THEREOF.

WHEN THE NEEDS OF THE SERVICE REQUIRE THE EMPLOYMENT ON SUNDAYS AND HOLIDAYS OF FOREMEN, SPECIAL CLERKS, CLERKS, CARRIERS, WATCHMEN, MESSENGERS, OR LABORERS AT FIRST- AND SECOND-CLASS POST OFFICES THEY SHALL BE ALLOWED COMPENSATORY TIME ON ONE DAY WITHIN SIX DAYS NEXT SUCCEEDING THE SUNDAY, EXCEPT THE LAST THREE SUNDAYS IN THE CALENDAR YEAR, AND ON ONE DAY WITHIN THIRTY DAYS NEXT SUCCEEDING THE HOLIDAY AND THE LAST THREE SUNDAYS IN THE YEAR ON WHICH SERVICE IS PERFORMED: PROVIDED, HOWEVER, THAT THE POSTMASTER GENERAL MAY, IF THE EXIGENCIES OF THE SERVICE REQUIRE IT, AUTHORIZE THE PAYMENT OF OVERTIME FOR SERVICE ON THE LAST THREE SUNDAYS IN THE CALENDAR YEAR OR ON CHRISTMAS DAY IN LIEU OF COMPENSATORY TIME. MAR. 3, 1917, CH. 162, SEC. 1, 39 STAT. 1062; FEB. 28, 1925, CH. 368, SEC. 4, 43 STAT. 1059).

THE ACT OF DECEMBER 22, 1942, DOES NOT SUPERSEDE OR OTHERWISE RENDER INOPERATIVE THOSE PROVISIONS OF THE ABOVE-QUOTED STATUTE WHICH AUTHORIZE THE GRANTING OF COMPENSATORY TIME OFF FROM DUTY TO POSTAL EMPLOYEES FOR WORK PERFORMED ON SUNDAYS AND HOLIDAYS. THE TWO STATUTES ARE NOT INCONSISTENT, AND EACH MUST BE GIVEN EFFECT SO FAR AS POSSIBLE. UNDER THE PROVISIONS OF THE TWO STATUTES, IT IS NOW WITHIN THE DISCRETION OF THE POSTMASTER GENERAL EITHER (1) TO GRANT COMPENSATORY TIME OFF FROM DUTY FOR WORK ON SUNDAYS AND HOLIDAYS UNDER AUTHORITY OF SECTION 118, TITLE 39, U.S. CODE, OR (2) TO PAY OVERTIME COMPENSATION FOR SUCH WORK PERFORMED ON ANY SUNDAY OR HOLIDAY OF THE YEAR ONLY IF IN EXCESS OF FORTY HOURS PER WEEK UNDER THE PROVISIONS OF THE ACT OF DECEMBER 22, 1942. COMPENSATORY TIME OFF FROM DUTY WITH PAY IS GRANTED, SUCH TIME OFF FROM DUTY MUST BE REGARDED AS PART OF THE REGULAR TOUR OF DUTY OF FORTY HOURS PER WEEK, AND OVERTIME COMPENSATION IS PAYABLE FOR WORK ACTUALLY PERFORMED IN EXCESS OF THE REGULAR TOUR OF DUTY OF FORTY HOURS PER WEEK INCLUDING SUCH TIME OFF FROM DUTY. SEE 21 COMP. GEN. 853, AND THE DECISIONS THEREIN CITED. QUESTION 3 IS ANSWERED ACCORDINGLY.

SECTION 828, TITLE 39, U.S. CODE, PROVIDES:

NIGHT WORK IN POSTAL SERVICE; EXTRA PAY.

AFTER JULY 1, 1928, SUPERVISORY EMPLOYEES, SPECIAL CLERKS, CLERKS, SUBSTITUTE CLERKS, WATCHMEN, MESSENGERS, LABORERS, AND EMPLOYEES OF THE MOTOR-VEHICLE AND PNEUMATIC-TUBE SERVICES, IN FIRST AND SECOND CLASS POST OFFICES; CARRIERS AND SUBSTITUTE CARRIERS IN THE CITY DELIVERY SERVICE; AND RAILWAY POSTAL CLERKS, SUBSTITUTE RAILWAY POSTAL CLERKS, AND LABORERS IN THE RAILWAY MAIL SERVICE, WHO ARE REQUIRED TO PERFORM NIGHT WORK, SHALL BE PAID EXTRA FOR SUCH WORK AT THE RATE OF 10 PERCENTUM OF THEIR HOURLY PAY PER HOUR: PROVIDED, THAT NIGHT WORK IS DEFINED AS ANY WORK DONE BETWEEN THE HOURS OF SIX O-CLOCK POST MERIDIAN AND SIX O-CLOCK ANTEMERIDIAN. ( MAY 24, 1928, CH. 725, 45 STAT. 725; MAY 12, 1939, CH. 129, 53 STAT. 741.)

THE 10 PERCENT EXTRA PAY FOR NIGHT WORK AUTHORIZED TO BE PAID TO POSTAL EMPLOYEES BY SAID STATUTE HAS NEVER BEEN REGARDED AS A PART OF THE BASE PAY OF THE EMPLOYEES FOR RETIREMENT DEDUCTIONS OR OTHERWISE. SEE 7 COMP. GEN. 778. ACCORDINGLY, AS THE OVERTIME COMPENSATION OR ADDITION COMPENSATION ON A 10 PERCENT BASIS AUTHORIZED TO BE PAID BY THE ACT DECEMBER 22, 1942, IS IN ADDITION TO BASE PAY ONLY, BOTH QUESTIONS 4 AN 5 ARE ANSWERED IN THE NEGATIVE.

SECTION 57, TITLE 39, U.S. CODE, PROVIDES:

COMPENSATION OF POSTMASTERS OF THE FOURTH CLASS.

THE COMPENSATION OF POSTMASTERS OF THE FOURTH CLASS SHALL BE FIXED UPON THE BASIS OF THE WHOLE OF THE BOX RENTS COLLECTED AT THEIR OFFICES AND COMMISSIONS UPON THE AMOUNT OF CANCELED POSTAGE-DUE STAMPS AND ON POSTAGE STAMPS, STAMPED ENVELOPES, POSTAL CARDS, STAMPS ON REGISTRY MATTER, INCLUDING STAMPS TO COVER RETURN RECEIPTS, INSURED AND COLLECT ON-DELIVERY MATTER, CANCELED, ON MATTER ACTUALLY MAILED AT THEIR OFFICES, EXCEPT THE STAMPS AFFIXED TO PAY THE FEES FOR SPECIAL DELIVERY SERVICE AND SPECIAL HANDLING SERVICE, AND ON THAT PART OF THE VALUE OF THE STAMPS ON THE MAIL FOR TRANSPORTATION BY AIR MAIL, CANCELED AT THEIR OFFICES, EQUAL TO THE POSTAGE WHICH WOULD BE REQUIRED ON SUCH MAIL AT THE REGULAR DOMESTIC RATES, AND ON THE AMOUNT OF NEWSPAPER AND PERIODICAL POSTAGE COLLECTED IN MONEY, AND ON THE POSTAGE COLLECTED IN MONEY ON IDENTICAL PIECES OF THIRD- AND FOURTH CLASS MATTER MAILED UNDER THE PROVISIONS OF SECTION 295 OF THIS TITLE, WITHOUT POSTAGE STAMPS AFFIXED, AND ON POSTAGE COLLECTED IN MONEY ON MATTER OF THE FIRST CLASS MAILED UNDER PROVISIONS OF SECTION 273 OF THIS TITLE, WITHOUT POSTAGE STAMPS AFFIXED, AND ON AMOUNTS RECEIVED FROM WASTE PAPER, DEAD NEWSPAPERS, PRINTED MATTER AND TWINE SOLD, AT THE FOLLOWING RATES, NAMELY:

ON THE FIRST $75 OR LESS PER QUARTER THE POSTMASTER SHALL BE ALLOWED 100 PERCENTUM ON THE AMOUNT; ON THE NEXT $100 OR LESS PER QUARTER, 85 PERCENTUM; AND ON ALL THE BALANCE, 75 PERCENTUM, THE SAME TO BE ASCERTAINED AND ALLOWED BY THE GENERAL ACCOUNTING OFFICE IN THE SETTLEMENT OF THE ACCOUNTS OF SUCH POSTMASTERS UPON THEIR SWORN QUARTERLY RETURNS: PROVIDED, THAT IN ADJUSTING THE QUARTERLY COMPENSATION OF POSTMASTERS OF THE FOURTH CLASS THE GENERAL ACCOUNTING OFFICE SHALL ALLOW SUCH COMPENSATION AS MAY BE SHOWN BY THE QUARTERLY RETURNS TO BE DUE, NOT EXCEEDING $275 FOR THE QUARTER ENDING SEPTEMBER 30, NOT EXCEEDING $550 FOR THE TWO QUARTERS ENDING DECEMBER 31, NOT EXCEEDING $825 FOR THE THREE QUARTERS ENDING MARCH 31, AND NOT EXCEEDING $1,100 FOR THE WHOLE FISCAL YEAR, EXCLUSIVE OF 3 CENTS COMMISSION ON EACH MONEY-ORDER ISSUED. ( MAR. 3, 1883, CH. 142, SEC. 2, 22 STAT. 602; FEB. 28, 1925, CH. 368, SEC. 1, 43 STAT. 1054; JUNE 4, 1926, CH. 476, 44 STAT. 695.) UNDER THE PROVISIONS OF THE QUOTED STATUTE, THE COMPENSATION OF FOURTH-CLASS POSTMASTERS UNQUESTIONABLY IS BASED UPON "POSTAL RECEIPTS.' ACCORDINGLY, FOURTH-CLASS POSTMASTERS FALL WITHIN THE PURVIEW OF THE FOURTH PROVISO OF SECTION 1 OF THE ACT OF DECEMBER 22, 1942, RELATING TO PAYMENT OF ADDITIONAL COMPENSATION ON A 10 PERCENT BASIS. THE ACT OF DECEMBER 22, 1942, HAS THE EFFECT OF INCREASING BY 10 PERCENT, EFFECTIVE DECEMBER 1, 1942, AND CONTINUING THROUGH APRIL 30, 1943, ANY CREDIT FOR POSTAL RECEIPTS AUTHORIZED BY SECTION 57, TITLE 39, U.S. CODE, TO BE INCLUDED IN COMPUTING THE BASIC COMPENSATION OF FOURTH-CLASS POSTMASTERS, AND, ALSO, INCREASES BY 10 PERCENT THE LIMITATIONS ON THE QUARTERLY CREDITS AUTHORIZED BY SAID STATUTE--- SUBJECT, OF COURSE, TO REASONABLE ADJUSTMENTS REQUIRED BY REASON OF THE FACT THAT THE EFFECTIVE AND TERMINATION DATES OF THE NEW ACT DO NOT INVOLVE THE COMPLETE QUARTER IN WHICH THEY APPEAR, RESPECTIVELY. SEE THE LAST PARAGRAPH OF DECISION DATED DECEMBER 22, 1942, B-31220, 22 COMP. GEN. 570. IN DETERMINING THE 10 PERCENT ADDITIONAL COMPENSATION AUTHORIZED FOR FOURTH-CLASS POSTMASTERS, THE ACT OF DECEMBER 22, 1942, DOES NOT HAVE THE EFFECT OF INCLUDING ANY DIFFERENT CLASSES OF POSTAL RECEIPTS NOT AUTHORIZED TO BE INCLUDED BY SECTION 57, TITLE 39, U.S. CODE, IN DETERMINING THE BASIC COMPENSATION OF THE POSTMASTERS. QUESTION 6 IS ANSWERED ACCORDINGLY.

CLERKS AT THIRD-CLASS POST OFFICES PAID FROM THE AUTHORIZED CLERK HIRE ALLOWANCE FOR POSTMASTERS ARE "CIVILIAN EMPLOYEES IN OR UNDER THE UNITED STATES GOVERNMENT" WITHIN THE MEANING OF THE ACT OF DECEMBER 22, 1942. SEE QUESTION AND ANSWER 3, DECISION OF AUGUST 16, 1932, 12 COMP. GEN. 245, 248. QUESTION 7 IS ANSWERED IN THE AFFIRMATIVE.