B-127739, JUL. 2, 1956

B-127739, JUL. 2, 1956

TO THE HONORABLE POSTMASTER GENERAL:

IN LETTER OF APRIL 23, 1956, YOUR REFERENCE 800, THE DEPUTY POSTMASTER GENERAL REQUESTED OUR DECISION ON THE APPLICABILITY OF SECTION 501 OF THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955, 69 STAT. 124, TO POSITIONS IN THE POST OFFICE DEPARTMENT SUPPLY CENTERS, THE KANSAS CITY MONEY ORDER CENTER, AREA INTERNAL AUDIT OFFICES, AND THE POSTAL INSPECTION SERVICE DIVISIONS. THE FUNCTIONS PERFORMED IN EACH OF THESE ORGANIZATIONAL UNITS OR ENTITIES ARE STATED IN THE DEPARTMENT'S LETTER, SUBSTANTIALLY, AS FOLLOWS:

THE POST OFFICE DEPARTMENT SUPPLY CENTERS PERFORM ON A DECENTRALIZED BASIS A HEADQUARTERS FUNCTION DELEGATED BY THE POSTMASTER GENERAL TO THE ASSISTANT POSTMASTER GENERAL, BUREAU OF FACILITIES. CENTERS HAVE BEEN ESTABLISHED AT NEW YORK, NEW YORK; CHICAGO, ILLINOIS; KANSAS CITY, MISSOURI; AND WASHINGTON, D.C. THE HEADS OF EACH OF THESE OFFICES REPORT DIRECTLY TO THE DIVISION OF SUPPLIES, BUREAU OF FACILITIES, POST OFFICE DEPARTMENT, WASHINGTON, D.C.

THE KANSAS CITY MONEY ORDER CENTER WAS PLACED IN FULL OPERATION IN OCTOBER 1955. THE FUNCTIONS PERFORMED BY THIS CENTER WERE FORMERLY PERFORMED BY THE 12 REGIONAL CONTROLLER OFFICES PRIOR TO THE ESTABLISHMENT OF THE POST OFFICE DEPARTMENT'S DECENTRALIZATION PROGRAM. ITS ACTIVITIES ARE DIRECTED BY THE BUREAU OF FINANCE, WASHINGTON, D.C.

AREA INTERNAL AUDIT OFFICES WERE ESTABLISHED AT FIVE POINTS THROUGHOUT THE UNITED STATES AS A PART OF THE INTERNAL AUDIT PROGRAM OF THE DEPARTMENT. THIS PROGRAM IS A DEVELOPMENT OF THE PROGRAM OF MODERNIZING THE DEPARTMENT'S FINANCIAL AND ACCOUNTING PROCEDURES. THE PRIMARY PURPOSE OF THE AREA INTERNAL AUDIT OFFICE IS TO PROVIDE MANAGEMENT WITH AN INDEPENDENT APPRAISAL OF THE INTEGRITY AND ADEQUACY OF ACCOUNTING AND OTHER FINANCIAL OPERATIONS OF THE DEPARTMENT. THE HEADS OF THESE AREA OFFICES REPORT DIRECTLY TO THE BUREAU OF FINANCE, WASHINGTON, D.C.

THE POSTAL INSPECTION SERVICE HAS BEEN REGIONALIZED AND OPERATED FROM REGIONAL OFFICES FOR MANY YEARS. THE FUNCTIONS OF EACH INSPECTION REGION OR DIVISION, HOWEVER, DO NOT FALL WITHIN THE JURISDICTION OF ANY OF THE 15 REGIONAL DIRECTORS. EACH INSPECTION REGION OR DIVISION IS SUPERVISED BY AN INSPECTOR IN CHARGE WHO REPORTS DIRECTLY TO THE CHIEF POSTAL INSPECTOR, A HEADQUARTERS STAFF OFFICIAL, AT WASHINGTON, D.C.

THE QUESTION IN THE DEPARTMENT'S LETTER IS STATED AS FOLLOWS:

"MAY PRESENT OR FORMER EMPLOYEES OF THE FEDERAL GOVERNMENT BE APPOINTED TO OTHER THAN STEP 1 OF THE SALARY LEVEL OF THE POSITION TO WHICH APPOINTED IN (1) AREA SUPPLY CENTERS, (2) THE KANSAS CITY MONEY ORDER CENTER, (3) AREA INTERNAL AUDIT OFFICES, AND (4) THE POSTAL INSPECTION SERVICE DIVISIONS?

THE POSTAL FIELD SERVICE COMPENSATION ACT OF 1955 APPLIES TO ALL POSITIONS IN THE POSTAL FIELD SERVICE. SECTION 101/2) OF THE ACT, 69 STAT. 88, DEFINES "POSTAL FIELD SERVICE" AS INCLUDING "ALL OPERATIONS AND ORGANIZATION UNITS OF THE DEPARTMENT, OTHER THAN THE DEPARTMENTAL OPERATIONS AND ORGANIZATION UNITS IN THE HEADQUARTERS OFFICES OF THE POST OFFICE DEPARTMENT AT THE SEAT OF GOVERNMENT, AND * * * POSTAL INSPECTORS ASSIGNED TO THE HEADQUARTERS OFFICES OF THE POST OFFICE DEPARTMENT AT THE SEAT OF THE GOVERNMENT.' UNDER THAT DEFINITION POSITIONS IN THE FOUR INVOLVED ORGANIZATIONS MUST BE REGARDED AS IN THE "POSTAL FIELD SERVICE" WITHIN THE PURVIEW OF THE ACT.

SECTION 501 PROVIDES AS FOLLOWS:

"THE POSTMASTER GENERAL MAY APPOINT ANY PERSON WHO HAS BEEN EMPLOYED IN A CIVILIAN CAPACITY IN ANY BRANCH OF GOVERNMENT TO ANY POSITION IN A REGIONAL OR DISTRICT OFFICE OR TO ANY PROFESSIONAL OR SCIENTIFIC POSITION AND MAY PLACE SUCH PERSON IN ANY STEP IN THE SALARY LEVEL OF THE POSTAL FIELD SERVICE SCHEDULE WHICH IS LESS THAN ONE FULL STEP ABOVE THE HIGHEST BASIC SALARY WHICH SUCH PERSON RECEIVED FROM THE UNITED STATES.'

THIS PROVISIONS IS EXPLAINED IN HOUSE REPORT NO. 728, 84TH CONGRESS, 1ST SESSION, PAGE 33, AS FOLLOWS:

"SECTION 501 AUTHORIZES THE POSTMASTER GENERAL TO APPOINT ANY INDIVIDUAL, WHO HAS BEEN EMPLOYED IN A CIVILIAN CAPACITY IN ANY BRANCH OF THE FEDERAL GOVERNMENT * * * TO A POSITION OF A CERTAIN TYPE IN THE POSTAL FIELD SERVICE. SUCH TYPE OF POSITION TO WHICH APPOINTMENTS MAY BE MADE IN THIS MANNER IS EITHER A POSITION IN A REGIONAL OR DISTRICT OFFICE OR A PROFESSIONAL OR SCIENTIFIC POSITION.

"EXCEPT FOR APPOINTMENTS TO POSITIONS MENTIONED IN SECTION 501, THE PRESENT PRACTICE OF THE POST OFFICE DEPARTMENT OF APPOINTING EACH EMPLOYEE NEW TO THE POSTAL FIELD SERVICE TO THE LOWEST STEP OF THE SALARY LEVEL FOR THE POSITION TO WHICH HE IS APPOINTED, AND THE PRESENT PRACTICE WITH RESPECT TO REINSTATEMENTS TO THE POSTAL FIELD SERVICE, IS EXPECTED TO BE CONTINUED.'

AS EXPLAINED BY THE DEPUTY POSTMASTER GENERAL, THE POST OFFICE DEPARTMENT SUPPLY CENTERS, THE KANSAS CITY MONEY ORDER CENTER, THE AREA INTERNAL AUDIT OFFICES, AND THE POSTAL INSPECTION SERVICE DIVISIONS DO NOT OPERATE UNDER THE DIRECTION OR GUIDANCE OF EITHER A REGIONAL DIRECTOR OR A DISTRICT MANAGER; ON THE CONTRARY, THEY OPERATE INDEPENDENTLY OF THE REGIONAL OFFICES. SEE CHARTS 814 AND 824 OF THE POSTAL MANUAL. THAT BEING SO, THEY MAY NOT BE CONSIDERED REGIONAL OR DISTRICT OFFICES WITHIN THE PURVIEW OF SECTION 501 QUOTED ABOVE. SO FAR AS CONCERNS "ANY PROFESSIONAL OR SCIENTIFIC POSITION," HOWEVER, THAT SECTION OF THE STATUTE DOES NOT ASSOCIATE OR TIE IN SUCH A POSITION WITH A "REGIONAL OR DISTRICT OFFICE.'

IN LIGHT OF THE FOREGOING, THE QUESTION POSED IS REQUIRED TO BE ANSWERED IN THE NEGATIVE EXCEPT AS TO EMPLOYEES APPOINTED TO PROFESSIONAL AND SCIENTIFIC POSITIONS.