B-79129, FEBRUARY 4, 1949, 28 COMP. GEN. 445

B-79129, FEBRUARY 4, 1949, 28 COMP. GEN. 445

COMPENSATION - POSTAL SERVICE - TRANSFERS - INITIAL SALARY RATES AND SERVICE CREDITS THE PROVISIONS OF SECTION 15 (F) OF THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945, AUTHORIZING THE POSTMASTER GENERAL, IN HIS DISCRETION, TO TRANSFER CLERKS, OR CITY CARRIERS, TO THE POSITION OF CLERK AT DIVISION HEADQUARTERS AND OTHER POSTS OF DUTY OF POST-OFFICE INSPECTORS AND TO FIX THE ,EMPLOYEES," INITIAL SALARY RATES, WHEN CONSIDERED IN CONJUNCTION WITH SECTION 1 OF THE ACT DEFINING THE TERM "EMPLOYEES" AS THOSE PAID FROM POSTAL SERVICE FIELD APPROPRIATIONS, ARE NOT APPLICABLE TO EMPLOYEES WHO ARE COMPENSATED FROM DEPARTMENTAL FUNDS AND WHO ARE UNDER DIFFERENT SALARY CLASSIFICATIONS AND LEAVE SYSTEMS FROM FIELD SERVICE EMPLOYEES. 28 COMP. GEN. 229, AMPLIFIED. RAILWAY POSTAL CLERKS WHO ARE TRANSFERRED FROM THE FIELD SERVICE TO THE DEPARTMENTAL SERVICE AND THEREAFTER RETRANSFERRED TO THEIR FORMER STATUS AS RAILWAY POSTAL CLERKS ARE NOT ENTITLED UNDER THE SERVICE CREDIT PROVISIONS OF THE ACT OF JUNE 19, 1948, TO COUNT ANY PART OF THEIR SERVICE AS DEPARTMENTAL PERSONNEL TOWARD THEIR MERITORIOUS GRADES UPON THEIR RETURN TO THE FIELD SERVICE, SAID ACT HAVING REFERENCE TO FIELD SERVICE POSITIONS, ONLY. 28 COMP. GEN. 213, AMPLIFIED.

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, FEBRUARY 4, 1949:

REFERENCE IS MADE TO YOUR LETTER OF NOVEMBER 12, 1948, FILE REFERENCE NO. 3, REQUESTING REVIEW OF THAT PART OF DECISION OF OCTOBER 8, 1948, B-79129, 28 COMP. GEN. 229, TO YOU, WHEREIN THIS OFFICE EXPRESSED A RELUCTANCE TO HOLD THAT SECTION 15 (F) OF THE POSTAL EMPLOYEES PAY ACT OF 1945, PUBLIC LAW 134, 59 STAT. 435, 451, APPLIES TO DEPARTMENTAL CLERKS.

SECTION 15 (F) OF THE SAID ACT PROVIDES AS FOLLOWS:

WHENEVER IN THE DISCRETION OF THE POSTMASTER GENERAL THE NEEDS OF THE SERVICE REQUIRE SUCH ACTION, HE IS AUTHORIZED TO TRANSFER CLERKS, OR CARRIERS IN THE CITY DELIVERY SERVICE TO THE POSITION OF CLERK AT DIVISION HEADQUARTERS AND OTHER POSTS OF DUTY OF POST-OFFICE INSPECTORS AT A SALARY NOT TO EXCEED $2,300 WHEN THE SALARY OF THE EMPLOYEE BEING TRANSFERRED IS LESS THAN $2,300, AND WHEN THE SALARY OF THE EMPLOYEE BEING TRANSFERRED IS EQUAL TO OR GREATER THAN $2,300, SUCH EMPLOYEE MAY BE TRANSFERRED AT NOT LESS THAN THE SALARY RECEIVED IN THE POSITION FROM WHICH TRANSFERRED. AFTER SUCH TRANSFER IS MADE EFFECTIVE, EMPLOYEES SO TRANSFERRED SHALL BE ELIGIBLE FOR PROMOTION TO THE GRADES OF SALARY PROVIDED HEREIN FOR CLERKS AT DIVISION HEADQUARTERS AND OTHER POSTS OF DUTY OF POST-OFFICE INSPECTORS. ( SALARY RATE OF $2,300 HAS BEEN INCREASED BY SUBSEQUENT LEGISLATION.)

YOU STATE THAT THE LEGISLATIVE HISTORY OF PUBLIC LAW 134 AND "THE WORDING OF THE ACT ITSELF" FAIL TO REVEAL ANY LEGISLATIVE INTENT TO DIFFERENTIATE IN SECTION 15 (F) BETWEEN CLERKS IN THE FIELD SERVICE AND THOSE IN THE DEPARTMENTAL SERVICE OF THE POST OFFICE DEPARTMENT; THAT THE PURPOSE OF ADOPTING THE LANGUAGE OF SECTION 15 (F) WAS TO BROADEN THE SOURCES--- PREVIOUSLY LIMITED BY A SIMILAR STATUTORY PROVISION CONTAINED IN THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1055, 1056--- FROM WHICH EMPLOYEES UNDER THE JURISDICTION OF THE POSTMASTER GENERAL COULD BE TRANSFERRED TO CLERICAL POSITIONS IN THE INSPECTION SERVICE; THAT THERE WAS NO INTENTION TO EXCLUDE CLERKS EMPLOYED IN THE POST OFFICE DEPARTMENT PROPER FORM THE OPERATION OF THAT SECTION; AND THAT TRANSFERS OF PERSONNEL BETWEEN THE VARIOUS BRANCHES OF THE POSTAL ESTABLISHMENT, FIELD AND DEPARTMENTAL, ARE MADE AT WILL WHENEVER ADMINISTRATIVELY ADVISABLE.

FURTHER, YOU POINT OUT THAT THE PURPOSE OF SECTION 15 (F) WAS TO GIVE THE DEPARTMENT DISCRETION TO OFFER AN INCENTIVE PROMOTION TO OUTSTANDING EMPLOYEES TO INDUCE THEM TO TRANSFER TO THE INSPECTION SERVICE; THAT DEPARTMENTAL EMPLOYEES ARE IN A POSITION TO ACQUIRE SPECIAL KNOWLEDGE AND TRAINING THROUGH THEIR WORK IN THE DEPARTMENT, PARTICULARLY IF EMPLOYED IN THE BUREAU OF THE CHIEF INSPECTOR, WHICH INCREASES THEIR VALUE TO FIELD OFFICES OF THE INSPECTION SERVICE; AND THAT TO EXCLUDE DEPARTMENTAL EMPLOYEES FROM THE OPERATION OF SECTION 15 (F) WOULD ELIMINATE A SOURCE FROM WHICH EXPERIENCED PERSONNEL CAN BE OBTAINED "AND WOULD ALSO BE A NULLIFICATION OF THE DISCRETION GIVEN THE POSTMASTER GENERAL BY LAW.'

WHILE IT WELL MAY HAVE BEEN THE INTENTION OF THE OFFICIALS AT THE TIME OF FRAMING THE PROVISION UNDER CONSIDERATION THAT IT BE ALL INCLUSIVE, AND THUS INCLUDE WITHIN ITS SCOPE DEPARTMENTAL EMPLOYEES, THE WORDING OF THE ACT DOES NOT BEAR OUT AS AN ACTUAL FACT THAT SUCH WAS THE CONGRESSIONAL INTENT AT THE TIME OF ENACTMENT THEREOF. SECTION 1 OF PUBLIC LAW 134, 59 STAT. 435, OF WHICH SECTION 15 (F) IS A PART, SPECIFICALLY PROVIDES THAT THE "TERM "EMPLOYEES" WHEREVER USED IN THIS ACT SHALL INCLUDE OFFICERS, SUPERVISORS, SPECIAL-DELIVERY MESSENGERS IN OFFICES OF THE FIRST CLASS, AND ALL OTHER EMPLOYEES PAID FROM FIELD APPROPRIATIONS OF THE POSTAL SERVICE.' ( ITALICS SUPPLIED.) IN THE FACE OF THAT LANGUAGE, AND IN THE ABSENCE OF ANY QUALIFYING LANGUAGE IN SECTION 15 (F), THIS OFFICE SEES NO LEGAL JUSTIFICATION FOR THE VIEW THAT SECTION 15 (F) COVERS A DIFFERENT CLASS OF EMPLOYEES THAN THOSE EMBRACED GENERALLY BY THE INVOLVED ACT, NAMELY,"EMPLOYEES PAID FROM FIELD APPROPRIATIONS OF THE POSTAL SERVICE.' IT NECESSARILY FOLLOWS THAT THOSE EMPLOYEES OF THE POST OFFICE DEPARTMENT WHO NOT ONLY ARE COMPENSATED FROM DEPARTMENTAL FUNDS, BUT ALSO ARE UNDER DIFFERENT SALARY CLASSIFICATION AND LEAVE SYSTEMS FROM EMPLOYEES OF THE FIELD SERVICE, DO NOT FALL WITHIN THE SCOPE OF THE SECTION OF THE STATUTE HERE UNDER CONSIDERATION. SEE, GENERALLY, THE BREAKDOWN IN THE POST OFFICE APPROPRIATION ACT, 1949, 62 STAT. 408, 416, BETWEEN DEPARTMENTAL AND FIELD APPROPRIATED MONEYS.

WITH RESPECT TO THE DECISION OF SEPTEMBER 30, 1948, B-79955, 28 COMP. GEN. 213, TO YOU--- AND TO WHICH YOU REFER IN YOUR LETTER OF NOVEMBER 12, 1948--- YOU ARE ADVISED THAT NOTHING IN THAT DECISION WAS INTENDED TO BE CONSTRUED AS HOLDING THAT PUBLIC LAW 674 OF JUNE 19, 1948, 62 STAT. 484, COVERS BOTH FIELD AND DEPARTMENTAL SERVICE. IT WAS ASSUMED FROM THE STATEMENT IN PARAGRAPH 6 OF YOUR LETTER OF SEPTEMBER 3, 1948, READING "THEY HAVE SERVED CONTINUALLY IN THE POSTAL SERVICE UNDER THE SECOND ASSISTANT," THAT NO TRANSFER TO THE DEPARTMENTAL SERVICE OF THE PERSONNEL SPECIFIED IN SAID PARAGRAPH 6 HAD BEEN CONSUMMATED IN THE USUAL SENSE, AND THAT UNDER THE ADMINISTRATIVE ACTION TAKEN, THE EMPLOYEES ACTUALLY HAD BEEN CONTINUED IN THE POSTAL SERVICE. BY WAY OF CLARIFICATION OF THE CONCLUSIONS REACHED IN SAID DECISION OF SEPTEMBER 30, YOU ARE INFORMED THAT, IF IT BE A FACT THAT THE PERSONNEL MENTIONED IN PARAGRAPH 6 OF YOUR LETTER OF SEPTEMBER 3 ACTUALLY WERE TRANSFERRED FROM THE FIELD SERVICE TO THE DEPARTMENTAL SERVICE, NO PART OF THE SERVICE AS DEPARTMENTAL PERSONNEL MAY BE COUNTED TOWARD THEIR MERITORIOUS GRADES UPON THEIR RETURN TO THE FIELD SERVICE. IN THAT CONNECTION, SEE, GENERALLY, SECTION 3 OF PUBLIC LAW 674, SUPRA, 62 STAT. 485.

ACCORDINGLY, IN THE LIGHT OF THE FOREGOING THE CONCLUSION REACHED IN THE DECISION OF OCTOBER 8, 1948, TO THE EFFECT THAT SECTION 15 (F) IS NOT APPLICABLE TO DEPARTMENTAL CLERKS, MUST BE ADHERED TO. ..END :