A-55507, JULY 12, 1934, 14 COMP. GEN. 31

A-55507, JULY 12, 1934, 14 COMP. GEN. 31

COMPENSATION - RESTORATION OF AUTOMATIC PROMOTIONS - POSTAL SERVICE CLERKS IN TERMINAL RAILWAY POST OFFICES WHO ARE REQUIRED BY THE ACT OF JUNE 14, 1934, 48 STAT. 962, TO BE CLASSIFIED AS RAILWAY POSTAL CLERKS, BUT LIMITED IN THEIR AUTOMATIC PROMOTIONS TO GRADE 4, ARE NOT ENTITLED ON JULY 1, 1934, TO PROGRESS TO AN AUTOMATIC GRADE HIGHER THAN GRADE 4 TO WHICH THEY MIGHT HAVE BEEN PROMOTED HAD IT NOT BEEN FOR SAID ACT OF JUNE 14, UNDER THE PROVISIONS OF SECTION 24, TITLE II, OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, AS AMENDED AND CLARIFIED BY THE ACT OF JUNE 27, 1934, 48 STAT. 1265, RESTORING AUTOMATIC PROMOTIONS.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JULY 12, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 6, 1934, AS FOLLOWS:

AFTER YOU DECIDED MAY 24, A-55507, THAT CREDIT FOR PROMOTION PURPOSES COULD NOT BE GIVEN A CLERK IN THE POSTAL SERVICE FOR TIME SERVED BETWEEN JULY 1, 1932, AND JULY 1, 1934, ON ACCOUNT OF SECTION 201 OF THE ECONOMY ACT, A BILL, H.R. 9839, WAS INTRODUCED AMENDING THE STATUTES TO ALLOW CREDIT FOR THIS TIME AND AUTHORIZING THE PROMOTION OF THE EMPLOYEE "TO THE GRADE TO WHICH HE WOULD HAVE PROGRESSED HAD SECTION 201 (SUSPENDING AUTOMATIC INCREASES IN COMPENSATION) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, NOT BEEN ENACTED.'

AS THE BILL WAS APPROVED JUNE 27, IT NOW BECOMES NECESSARY TO DETERMINE WHETHER CLERKS IN THE SUCCESSIVE GRADES WILL BE GIVEN AUTOMATIC INCREASES ON THE BASIS OF THEIR RECORDS AND STATUS FOR PROMOTION JULY 1, 1934, OR AT SOME PAST DATE OR DATES BETWEEN JULY 1, 1932, AND JULY 1, 1934; FOR EXAMPLE, A CLERK OF GRADE 3 IN THE CLEVELAND TERMINAL RAILWAY POST OFFICE WAS DUE FOR PROMOTION TO GRADE 4 JULY 1, 1932, AND TO GRADE 5, JULY 1, 1933. TO WHAT GRADE SHOULD HE BE PROMOTED JULY 1, 1934? HIS POSITION ON JULY 1, 1932, AND JULY 1, 1933, WAS GRADE 5, BUT IT HAS BEEN REDUCED TO GRADE 4 BY THE TERMINAL RECLASSIFICATION ACT (H.R. 9392), APPROVED JUNE 14.

PROMPT CONSIDERATION OF THIS QUESTION WILL BE APPRECIATED.

THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, PROVIDES, IN PART, AS FOLLOWS:

THAT RAILWAY POSTAL CLERKS SHALL BE DIVIDED INTO TWO CLASSES, CLASS A AND CLASS B, AND INTO SEVEN GRADES WITH ANNUAL SALARIES AS FOLLOWS: GRADE 1, SALARY, $1,900; GRADE 2, SALARY, $2,000; GRADE 3, SALARY, $2,150; GRADE 4, SALARY, $2,300; GRADE 5, SALARY, $2,450; GRADE 6, SALARY, $2,600; GRADE 7, SALARY, $2,700.

* * * PROMOTIONS SHALL BE MADE SUCCESSIVELY AT THE BEGINNING OF THE QUARTER FOLLOWING A TOTAL SATISFACTORY SERVICE OF THREE HUNDRED AND SIX DAYS IN THE NEXT LOWER GRADE.

THE ACT OF JUNE 14, 1934, 48 STAT. 962, PROVIDES AS FOLLOWS:

THAT THE TERMINAL RAILWAY POST-OFFICE SYSTEM SHALL BE MAINTAINED FOR THE PURPOSE OF HANDLING AND DISTRIBUTING MAIL NOT HANDLED OR DISTRIBUTED IN RAILWAY POST-OFFICE LINES OR POST OFFICES, AND THE CLERKS IN SAID TERMINAL RAILWAY POST OFFICES SHALL BE CLASSIFIED AS RAILWAY POSTAL CLERKS AND PROGRESS SUCCESSIVELY TO GRADE 4. CLERKS IN CHARGE OF TERMINALS, TOURS, OR CREWS CONSISTING OF LESS THAN TWENTY EMPLOYEES SHALL BE OF GRADE 5. CLERKS IN CHARGE OF TERMINALS, TOURS, OR CREWS CONSISTING OF TWENTY OR MORE EMPLOYEES SHALL BE OF GRADE 6. WHEN A TERMINAL RAILWAY POST OFFICE IS OPERATED IN THREE TOURS THERE SHALL BE A RELIEF CLERK IN CHARGE: PROVIDED, THAT THE CLERK IN CHARGE OF TERMINALS HAVING SEVENTY-FIVE OR MORE EMPLOYEES SHALL BE OF GRADE 7: PROVIDED FURTHER, THAT NO EMPLOYEE IN THE POSTAL SERVICE SHALL BE REDUCED IN RANK OR SALARY AS A RESULT OF THE PROVISIONS OF THIS ACT.

SECTION 24, TITLE II, OF THE ACT OF MARCH 28, 1934, 48 STAT. 523, PROVIDES AS FOLLOWS:

(1) SECTION 201 (SUSPENDING AUTOMATIC INCREASES IN COMPENSATION) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, IS AMENDED BY INSERTING AT THE END THEREOF THE FOLLOWING: ,THIS SECTION SHALL NOT APPLY DURING THE FISCAL YEAR ENDING JUNE 30, 1935, EXCEPT TO THE EXTENT THAT IT SUSPENDS THE LONGEVITY INCREASES PROVIDED FOR IN THE TENTH PARAGRAPH OF SECTION 1 OF THE PAY ADJUSTMENT ACT OF 1922. THIS AMENDMENT SHALL NOT AUTHORIZE THE PAYMENT OF BACK COMPENSATION.'

THIS SECTION WAS AMENDED AND CLARIFIED BY SECTION 1 OF THE ACT OF JUNE 27, 1934, 48 STAT. 1265, PROVIDING AS FOLLOWS:

THAT IN THE ADMINISTRATION OF THE PROVISION OF SUBPARAGRAPH (1) OF SECTION 24 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, AMENDING SECTION 201 OF PART II OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR 1933, ALL SERVICE RENDERED BY POSTAL AND OTHER OFFICERS AND EMPLOYEES PRIOR TO JULY 1, 1932, AND SUBSEQUENT TO JUNE 30, 1932, SHALL BE CREDITED TO THE OFFICERS OR EMPLOYEES AND SUCH OFFICERS OR EMPLOYEES PROMOTED TO THE GRADE TO WHICH THEY WOULD HAVE PROGRESSED HAD SECTION 201 (SUSPENDING AUTOMATIC INCREASES IN COMPENSATION) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, NOT BEEN ENACTED.

YOU WERE ADVISED UNDER DATE OF JUNE 29, 1934, THAT IN VIEW OF THE LAST- QUOTED STATUTE, DECISION OF MAY 24, 1934, A-55507, 13 COMP. GEN. 384, CITED BY YOU, WOULD NOT BECOME OPERATIVE JULY 1, 1934. SEE, ALSO, DECISION OF JUNE 29, 1934, A-55877, 13 COMP. GEN. 480, TO THE SECRETARY OF THE TREASURY.

DURING THE PERIOD JULY 1, 1932, TO AND INCLUDING JUNE 30, 1934, SECTION 201 OF THE ECONOMY ACT REMAINED IN OPERATION, SUSPENDING ALL PROVISIONS OF LAW CONFERRING AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION. SECTION 24 OF THE ACT OF MARCH 28, 1934, AS AMENDED AND CLARIFIED BY SECTION 1 OF THE ACT OF JUNE 27, 1934, SUPRA, RESTORING THE RIGHT TO RECEIVE AUTOMATIC INCREASES IN COMPENSATION, DID NOT BECOME EFFECTIVE UNTIL JULY 1, 1934. THUS, IT IS THE RECORD OF SERVICE AND STATUS ON JULY 1, 1934, AND NOT ON ANY DATE DURING THE FISCAL YEARS 1933 AND 1934, WHICH MUST DETERMINE THE AMOUNT AND EFFECTIVE DATE OF AN AUTOMATIC INCREASE IN COMPENSATION DURING THE FISCAL YEAR 1935.

SINCE THE ACT OF JUNE 14, 1934, SUPRA, SPECIFICALLY FIXED NO OTHER EFFECTIVE DATE, ITS PROVISIONS BECAME EFFECTIVE ON THE DATE OF THE ACT, AND, CONSEQUENTLY, ITS SAVING CLAUSE IS OPERATIVE ONLY ON THE "RANK OR SALARY" ACTUALLY HELD ON THAT DATE, AND NOT ON THE "RANK OR SALARY" TO WHICH AN EMPLOYEE WOULD HAVE ADVANCED ON OR AFTER JULY 1, 1934, UNDER THE TERMS OF THE ACTS OF MARCH 28, 1934, AND JUNE 27, 1934, HAD IT NOT BEEN FOR THE ACT OF JUNE 14, 1934.

IN THE ILLUSTRATION GIVEN THE CLERK WAS IN GRADE 3, RECEIVING $2,150 PER ANNUM ON JUNE 30, 1932, AND REMAINED IN THAT STATUS ON JUNE 14, 1934, BY REASON OF SECTION 201 OF THE ECONOMY ACT. THEREFORE, ON THE BASIS OF THE FACTS STATED, HE IS ENTITLED TO BE ADVANCED, EFFECTIVE JULY 1, 1934, ONLY TO GRADE 4, WITH A SALARY RATE OF $2,300 PER ANNUM, THE MAXIMUM GRADE TO WHICH HE MAY BE ADVANCED AUTOMATICALLY UNDER THE TERMS OF THE SAID ACT OF JUNE 14.