A-65125, OCTOBER 14, 1935, 15 COMP. GEN. 299

A-65125, OCTOBER 14, 1935, 15 COMP. GEN. 299

SUBSTITUTE RAILWAY POSTAL CLERKS - COMPENSATION - FORTY-HOUR WEEK THE ACT OF AUGUST 14, 1935, 49 STAT. 650, REGULATING THE HOURS OF WORK OF CERTAIN POSTAL EMPLOYEES, DOES NOT AFFECT THE BASIS OF PAYMENT OF COMPENSATION OF SUBSTITUTE RAILWAY POSTAL CLERKS, AND THEY MAY BE PAID FOR FULL TIME WHEN ASSIGNED TO TAKE THE PLACE OF A REGULAR POSTAL CLERK FOR A CONTINUOUS PERIOD.

ACTING COMPTROLLER GENERAL ELLIOTT TO THE POSTMASTER GENERAL, OCTOBER 14, 1935:

THERE WAS RECEIVED YOUR LETTER OF SEPTEMBER 30, 1935, AS FOLLOWS:

ATTENTION IS INVITED TO THE PRIOR CORRESPONDENCE, PARTICULARLY YOUR DECISION OF SEPTEMBER 6, 1935 (A-65125), RELATIVE TO THE APPLICABILITY OF THE ACT OF AUGUST 14, 1935, PUBLIC, NO. 275, TO EMPLOYEES OF THE POSTAL SERVICE.

IT IS PROVIDED BY PARAGRAPH 4 OF SECTION 2011, POSTAL LAWS AND REGULATIONS (39 U.S.C. 614), THAT SUBSTITUTE RAILWAY POSTAL CLERKS SHALL BE PAID FOR SERVICES ACTUALLY PERFORMED. UNDER THIS LAW THESE EMPLOYEES HAVE BEEN PAID FOR FULL TIME WHILE WORKING CONTINUOUSLY ON AN ASSIGNMENT VICE A REGULAR CLERK, THUS GETTING THE BENEFIT OF ANY LAY-OFF PERIOD INVOLVED. SUBSTITUTES PERFORMING SERVICE UNDER SUCH CONDITIONS HAVE BEEN DESIGNATED "ACTING CLERKS.'

UNDER THE FORTY-FOUR-HOUR WORK WEEK IT HAS BEEN POSSIBLE TO GIVE SUBSTITUTE RAILWAY POSTAL CLERKS THE BENEFIT OF THAT LAW WHEN PERFORMING CONTINUOUS SERVICE AS "ACTING CLERKS" IN REGULAR ASSIGNMENTS IN TERMINAL RAILWAY POST OFFICES AND SIMILAR ORGANIZATIONS BECAUSE FOUR HOURS CONSTITUTED A FULL DAY ON SATURDAY AND THEY COULD THEREFORE BE PAID SIX DAYS' PAY FOR A WORK WEEK OF FORTY-FOUR HOURS. HOWEVER, THIS CONDITION WILL NOT OBTAIN UNDER THE FORTY-HOUR-WEEK LAW (ACT OF AUGUST 14, 1935) BECAUSE THE ASSIGNMENTS REFERRED TO WILL BE ON A FIVE DAY PER WEEK BASIS AND SUBSTITUTES PERFORMING CONTINUOUS SERVICE IN "ACTING CLERK" ASSIGNMENTS WILL NOT PERFORM ANY SERVICE ON SATURDAYS SINCE THE ASSIGNMENT WILL BE SCHEDULED ONLY FIVE DAYS A WEEK. REGULAR CLERKS IN THESE ASSIGNMENTS WILL RECEIVE SIX DAYS' PAY FOR FIVE DAYS' WORK AND THE QUESTION ACCORDINGLY ARISES WHETHER THE DEPARTMENT CAN GIVE SUBSTITUTES SIX DAYS' PAY FOR FIVE DAYS' WORK WHEN THEY PERFORM CONTINUOUS SERVICE UNDER THE SAME CONDITIONS. AN EXPRESSION OF YOUR VIEWS ON THIS POINT IS DESIRED.

SINCE THE ACT OF AUGUST 14, 1935, BECOMES EFFECTIVE OCTOBER 1, A PROMPT DECISION WILL BE APPRECIATED.

SECTION 7 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, PROVIDES IN PART AS FOLLOWS:

SUBSTITUTE RAILWAY POSTAL CLERKS SHALL BE PAID FOR SERVICES ACTUALLY PERFORMED AT THE RATE OF $1,850 PER ANNUM, THE FIRST YEAR OF SERVICE TO CONSTITUTE A PROBATIONARY PERIOD, AND WHEN APPOINTED REGULAR CLERKS, SHALL RECEIVE CREDIT ON THE BASIS OF ONE YEAR OF ACTUAL SERVICE PERFORMED AS A SUBSTITUTE AND BE APPOINTED TO THE GRADE TO WHICH SUCH CLERK WOULD HAVE PROGRESSED HAD HIS ORIGINAL APPOINTMENT AS A SUBSTITUTE BEEN TO GRADE 1. ANY FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE WILL INCLUDED WITH HIS SERVICE AS A REGULAR CLERK IN DETERMINING ELIGIBILITY FOR PROMOTION TO THE NEXT HIGHER GRADE FOLLOWING APPOINTMENT TO A REGULAR POSITION.

THE COMPENSATION OF SUBSTITUTE RAILWAY POSTAL CLERKS IS FIXED BY STATUTE ON AN ANNUAL, NOT AN HOURLY BASIS. HENCE, IT IS NOT IMPROPER TO PAY THEM FOR FULL TIME WHEN ASSIGNED TO TAKE THE PLACE OF A REGULAR POSTAL CLERK FOR A CONTINUOUS PERIOD. THE ACT OF AUGUST 14, 1935, 49 STAT. 650, REGULATING THE HOURS OF WORK OF CERTAIN POSTAL EMPLOYEES WAS NOT INTENDED TO AND DOES NOT AFFECT SUCH BASIS OF PAYMENT OF COMPENSATION OF SUBSTITUTE RAILWAY POSTAL CLERKS. DECISION OF SEPTEMBER 6, 1935, A-65125, 15 COMP. GEN. 175. THE QUESTION PRESENTED IS ANSWERED IN THE AFFIRMATIVE.