A-56413, AUGUST 6, 1934, 14 COMP. GEN. 92

A-56413, AUGUST 6, 1934, 14 COMP. GEN. 92

POSTAL SERVICE - RURAL CARRIERS - SEASONAL CHANGES IN ROUTES WHERE THE LENGTH OF A RURAL ROUTE REGULARLY CHANGES FROM 28 TO 31 MILES FOR DIFFERENT SEASONS OF THE YEAR, IT MAY BE REGARDED AS THE SAME ROUTE THROUGHOUT THE YEAR IN APPLYING THE SAVING CLAUSE FOUND IN THE ACT OF JUNE 25, 1934, 48 STAT. 1212, AND THE SAVING CLAUSE WILL BECOME EFFECTIVE EACH TIME THE SERVICE IS RESUMED ON THE 28-MILE PORTION OF THE ROUTE.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, AUGUST 6, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 23, 1934, AS FOLLOWS:

REFERENCE IS MADE TO YOUR DECISION OF JULY 20, 1934, A-56413, COVERING THE FIXING OF SALARIES OF RURAL CARRIERS UNDER THE SAVING CLAUSE CONTAINED IN THE ACT OF JUNE 25, 1934.

IN THE CASE OF A CARRIER FOR A RURAL ROUTE THE LENGTH OF WHICH IS FIXED AT 28 MILES DURING THE PERIOD JUNE 1 TO SEPTEMBER 30 OF EACH YEAR AND AT 31 MILES DURING THE PERIOD OCTOBER 1 TO MAY 31 OF EACH YEAR, THE SAVED SALARY WOULD BE, EFFECTIVE JULY 1, 1934, $1,740 PER ANNUM UNTIL OCTOBER 1, 1934, WHEN IT WOULD BE FIXED AT THE RATE OF $1,820 PER ANNUM, THE STATUTORY RATE FOR A 31-MILE ROUTE UNTIL MAY 31, 1935. A RULING IS REQUESTED WHETHER THE BENEFIT OF THE SAVING CLAUSE WOULD AGAIN INURE TO THE CARRIER ON JUNE 1, 1935, WHEN HE RESUMED SERVICE ON THE 28-MILE ROUTE, OR WHETHER HE WOULD THEN BE PAID AT THE STATUTORY RATE OF $1,680 PER ANNUM.

A RULING IS ALSO REQUESTED ON THE REVERSE OF THE CONDITIONS ABOVE STATED. THE ROUTE BEING 31 MILES IN LENGTH FROM JUNE 1 TO SEPTEMBER 30 OF EACH YEAR AND THE SALARY BEING FIXED AT THE STATUTORY RATE OF $1,820 PER ANNUM, WHAT WOULD THE SALARY OF THE CARRIER BE FOR SERVICE OVER THE ROUTE FROM OCTOBER 1 TO MAY 31 DURING WHICH PERIOD THE LENGTH IS 28 MILES? WOULD HE BE ENTITLED TO THE BENEFIT OF THE SAVING CLAUSE AND THE SALARY OF $1,740 PER ANNUM, OR SHOULD HE BE PAID DURING THAT PERIOD AT THE STATUTORY RATE OF $1,680 PER ANNUM?

IT WILL BE APPRECIATED IF YOU WILL GIVE US A RULING ON THESE QUESTIONS AS PROMPTLY AS POSSIBLE.

SECTION 1 (A) AND (D) OF THE ACT OF JUNE 25, 1934, 48 STAT. 1212, PROVIDES IN PART AS FOLLOWS:

THE SALARY OF CARRIERS IN THE RURAL MAIL DELIVERY SERVICE FOR SERVING A RURAL ROUTE OF THIRTY MILES SIX DAYS A WEEK SHALL BE $1,800; ON ROUTES LESS THAN THIRTY MILES, $60 PER MILE PER ANNUM FOR EACH MILE OR MAJOR FRACTION THEREOF. EACH RURAL CARRIER ASSIGNED TO A ROUTE SERVED SIX DAYS IN A WEEK SHALL RECEIVE $20 PER MILE PER ANNUM FOR EACH MILE OR MAJOR FRACTION THEREOF SAID ROUTE IS IN EXCESS OF THIRTY MILES, BASED ON ACTUAL MILEAGE, AND EACH RURAL CARRIER ASSIGNED TO A ROUTE SERVED THREE DAYS IN THE WEEK SHALL RECEIVE $10 PER MILE PER ANNUM FOR EACH MILE OR MAJOR FRACTION THEREOF SAID ROUTE IS IN EXCESS OF THIRTY MILES, BASED ON ACTUAL MILEAGE.

IN THE CASE OF ANY CARRIER IN THE RURAL MAIL DELIVERY SERVICE ON THE DATE THIS ACT TAKES EFFECT, WHO SERVES SIX DAYS A WEEK A RURAL ROUTE OF LESS THAN THIRTY MILES, OR WHO SERVES THREE DAYS A WEEK A RURAL ROUTE OF LESS THAN SIXTY MILES OR TWO ROUTES OF A COMBINED LENGTH OF LESS THAN SIXTY MILES, THE ANNUAL SALARY OF SUCH CARRIER SHALL NOT BE REDUCED MORE THAN $180 BY OPERATION OF SUBSECTION (A) OF THIS SECTION.

THE DECISION OF JULY 20, 1934, A-56413, 14 COMP. GEN. 57, HELD AS FOLLOWS (QUOTING FROM THE SYLLABUS):

A RURAL LETTER CARRIER MAY BE REGARDED AS OCCUPYING THE SAME POSITION IN WHICH THE INHIBITION CONTAINED IN THE SAVING CLAUSE OF SECTION 1 (D) OF THE ACT OF JUNE 25, 1934, 48 STAT. 1213, AGAINST REDUCING HIS COMPENSATION MORE THAN $180 PER ANNUM APPLIES, ONLY SO LONG AS HE CONTINUES TO PERFORM AT LEAST THE SAME AMOUNT OF SERVICE ON THE SAME ROUTE, AND IT MAY BE HELD ALSO THAT THE BENEFIT OF THE SAVING CLAUSE INURES TO HIM PROPORTIONATELY WHEN THE SAME ROUTE IS REDUCED IN LENGTH, BUT THE SAVING CLAUSE DOES NOT APPLY UPON THE TRANSFER OF THE CARRIER FROM ONE ROUTE TO ANOTHER.

A RURAL LETTER CARRIER WOULD NOT BE ENTITLED TO ANY INCREASE OVER THE SALARY SAVED TO HIM BY OPERATION OF THE SAVING CLAUSE OF SECTION 1 (D) OF THE ACT OF JUNE 25, 1934, 48 STAT. 1213, UNLESS AND UNTIL THE ROUTE HE IS SERVING SHOULD BE INCREASED TO A MILEAGE FOR WHICH SECTION 1 (A) OF THE STATUTE FIXES A RATE OF COMPENSATION IN EXCESS OF THE SAVED SALARY.

WHERE THE LENGTH OF A RURAL ROUTE VARIES FOR DIFFERENT SEASONS OF THE YEAR, AS IN THE ILLUSTRATIONS GIVEN IN YOUR LETTER, THE ROUTE MAY BE REGARDED AS THE SAME ROUTE THROUGHOUT THE YEAR IN APPLYING THE SAVING CLAUSE AND THE PRINCIPLES STATED IN THE DECISION OF JULY 20, 1934, SUPRA. IT IS TO BE NOTED, HOWEVER, THAT THE SAVING CLAUSE BY ITS TERMS IS LIMITED TO A ROUTE OF LESS THAN 30 MILES IF SERVED SIX TIMES A WEEK.

ACCORDINGLY IN THE FIRST CASE ABOVE PRESENTED THE BENEFIT OF THE SAVING CLAUSE WOULD AGAIN INURE TO THE CARRIER ON JUNE 1, 1935, WHEN HE RESUMES SERVICE ON 28 MILES. IN THE SECOND CASE, ASSUMING THAT THE LENGTH OF THIS ROUTE IN PRECEDING YEARS HAS BEEN 31 MILES FOR THE MONTHS OF JUNE TO SEPTEMBER, INCLUSIVE, AND 28 MILES OCTOBER TO MAY, INCLUSIVE, THE BENEFIT OF THE SAVING CLAUSE WOULD INURE TO THE CARRIER ON OCTOBER 1 WHEN HE RESUMES SERVICE ON 28 MILES WHEN THE SALARY RATE WOULD BE $1,740 PER ANNUM.