B-59131, AUGUST 7, 1946, 26 COMP. GEN. 96

B-59131, AUGUST 7, 1946, 26 COMP. GEN. 96

COMPENSATION - AUTOMATIC PROMOTIONS - POSTAL SERVICE - RELEGATION OF REGULAR RAILWAY POSTAL CLERK TO SUBSTITUTE A SUBSTITUTE RAILWAY POSTAL CLERK WITH SERVICE PRIOR TO JULY 1, 1945, APPOINTED TO A REGULAR POSITION, ADVANCED FOUR GRADES PURSUANT TO THE POSTAL SERVICE PAY STATUTE OF JULY 6, 1945 (COMPARE SECTION 1 OF THE ACT OF MARCH 6, 1946), AND SUBSEQUENTLY RELEGATED TO A SUBSTITUTE POSITION AT THE CORRESPONDING GRADE OF HIS REGULAR POSITION IS NOT REQUIRED TO WAIT FOR AUTOMATIC PROMOTION UNTIL HE HAS SERVED ONE YEAR UNDER THE SECOND SUBSTITUTE APPOINTMENT FOR EACH OF THE FOUR GRADES THUS GAINED BUT MAY BE PROMOTED AFTER ONE YEAR'S SERVICE UNDER SUCH APPOINTMENT; HOWEVER, REGULAR SERVICE MAY NOT BE COUNTED FOR THE PURPOSE OF PROMOTION AS SUBSTITUTE. (AMPLIFIED BY 26 COMP. GEN. 529.)

COMPTROLLER GENERAL WARREN TO THE POSTMASTER GENERAL, AUGUST 7, 1946:

THERE HAS BEEN CONSIDERED YOUR LETTER OF JULY 8, 1946, REFERENCE 24, AS FOLLOWS:

IN CONSIDERING THE PROMOTION STATUS OF A SURPLUS RAILWAY MAIL SERVICE EMPLOYEE, THAT IS, A PERSON RELEASED FROM HIS REGULAR JOB BY DISCONTINUANCE OF SERVICE OR FOR SOME OTHER REASON, IT WAS HELD IN YOUR DECISION A.D. 7527, MARCH 21, 1923, THAT "THERE IS NO AUTHORITY FOR PROMOTING SUCH CLERK ABOVE GRADE TWO WHILE HE IS BEING CARRIED AS A SURPLUS CLERK AND PERFORMING SERVICE AS A SUBSTITUTE.' AT THAT TIME SUBSTITUTES IN THE RAILWAY MAIL SERVICE COULD ONLY REACH GRADE 2 BY PROMOTION BUT NOW THEY CAN BE PROMOTED UNDER THE ACT OF JULY 6, 1945, PUBLIC LAW 134, SUCCESSIVELY TO GRADE 9.

THE DEPARTMENT FINDS IN APPLYING YOUR DECISION THAT SURPLUS CLERKS MAY NOW BE PROMOTED SUCCESSIVELY TO GRADE 9 AFTER RENDERING ONE YEAR OF SATISFACTORY SERVICE IN EACH GRADE BUT THE CLERKS AND THEIR ORGANIZATION CONTEND THAT A SURPLUS CLERK MAY BE PROMOTED AFTER SERVING ONE YEAR IN THE NEXT LOWER GRADE REGARDLESS OF THE SERVICE PREVIOUSLY RENDERED. THIS CONTENTION INVOLVES ONLY SURPLUS CLERKS WHO WERE RECLASSIFIED FOUR GRADES ABOVE THE SUBSTITUTE RATE OF PAY DUE FOR THE SAME LENGTH OF SERVICE JULY 1, 1945, UNDER PUBLIC LAW 134, OR WHO HAVE BEEN SUBSEQUENTLY APPOINTED UNDER THE ACT OF MARCH 6, 1946, PUBLIC LAW 317, AT FOUR GRADES ABOVE THE GRADE TO WHICH SUBSTITUTES COULD HAVE ADVANCED UNDER PUBLIC LAW 134 FOR THE SAME LENGTH OF SERVICE.

THE DEPARTMENT HAS BEEN HOLDING UNDER YOUR DECISION THAT SUCH A SURPLUS EMPLOYEE MUST WAIT FOR PROMOTION UNTIL MADE REGULAR AGAIN OR UNTIL THE TOTAL SERVICE RENDERED WOULD ENTITLE A SUBSTITUTE TO AN INCREASE IN PAY WHICH COULD BE AS MUCH AS FOUR YEARS BY REQUIRING ONE YEAR OF SERVICE FOR EACH OF THE FOUR GRADES GAINED UNDER THE ACTS MENTIONED. FOR EXAMPLE, A SUBSTITUTE CLERK ENTERED THE SERVICE MARCH 1, 1944, AND WAS APPOINTED A REGULAR AT GRADE 2, APRIL 1, 1945, AFTER SERVING 2448 HOURS AS A SUBSTITUTE. ON JULY 1, 1945, HE WAS RECLASSIFIED IN GRADE 6 UNDER PUBLIC LAW 134. ON JANUARY 1, 1946, HE WAS WITHDRAWN FROM HIS REGULAR ASSIGNMENT TO PROVIDE A PLACE FOR A SENIOR CLERK RETURNING FROM MILITARY SERVICE AND WHEN HIS PROMOTION YEAR ENDED MARCH 31, 1946, HE WAS A SURPLUS CLERK WORKING AS A SUBSTITUTE AND WAS NOT PROMOTED TO GRADE 7 BECAUSE A SUBSTITUTE WITH THE SAME LENGTH AND AMOUNT OF SERVICE WOULD NOT HAVE BEEN ELIGIBLE FOR AN INCREASE IN PAY TO GRADE 7, APRIL 1, 1946. IF HE HAD CONTINUED AS A SUBSTITUTE HE WOULD HAVE BEEN PROMOTED NORMALLY FROM $1850 PER ANNUM TO GRADE 1 AT $1900 PER ANNUM APRIL 1, 1945, AND RECLASSIFIED AND PROMOTED JULY 1, 1946, UNDER PUBLIC LAW 134, TO GRADE 2 AT 99 CENTS PER HOUR. HIS NEXT INCREASE AS A SUBSTITUTE WOULD BE DUE JULY 1, 1946, TO GRADE 3. AS HE WAS A SURPLUS CLERK APRIL 1, 1946, AND IS STILL CARRIED IN THAT STATUS HE HAD NOT BEEN PROMOTED ABOVE GRADE 6 WHICH HE REACHED JULY 1, 1945, AND UNDER THE PRESENT PRACTICE HE WILL NOT BE PROMOTED UNTIL HE BECOMES A REGULAR AGAIN OR WOULD BE DUE TO REACH GRADE 7 AS A SUBSTITUTE. IF HE HAD CONTINUED AS A SUBSTITUTE HIS PROMOTION THROUGH THE GRADES WOULD BE GRADE 3, JULY 1, 1946; GRADE 4, JULY 1, 1947; GRADE 5, JULY 1, 1948; GRADE 6, JULY 1, 1949; AND GRADE 7, JULY 1, 1950. AS SUCH A LONG WAIT FOR PROMOTION IS DISCOURAGING THE DEPARTMENT WOULD LIKE TO PROMOTE SURPLUS CLERKS SUCCESSIVELY TO GRADE 9 ON THE SAME BASIS THAT REGULAR CLERKS ARE PROMOTED AND IT WILL BE APPRECIATED IF YOU WILL ADVISE WHETHER THIS MAY BE DONE WITHOUT REGARD TO THE AMOUNT OF SERVICE PREVIOUSLY RENDERED. IN THE EXAMPLE GIVEN, THE DEPARTMENT WOULD LIKE TO PROMOTE THE GRADE 6 SURPLUS CLERK TO GRADE 7, EFFECTIVE APRIL 1, 1946, WHEN HE COMPLETED A YEAR IN GRADE 6.

THE DECISION OF MARCH 21, 1923, AD-7527, 2 COMP. GEN. 586, TO WHICH YOU REFER, WAS BASED UPON THE LAWS RELATING TO THE PROMOTION OF RAILWAY POSTAL EMPLOYEES IN EFFECT AT THAT TIME. THE HOLDING IN THAT DECISION DOES NOT APPEAR TO HAVE ANY APPLICATION TO EXISTING LAWS UPON THE SUBJECT.

SECTION 16 (B), (K), (L), AND (S), AND SECTION 23 OF THE POSTAL EMPLOYEES' PAY ACT OF 1945, APPROVED JULY 6, 1945, PUBLIC LAW 134, 59 STAT. 451, 453, 455, 460, PROVIDE:

(B) RAILWAY POSTAL CLERKS, AND CLERKS ASSIGNED TO OFFICES OF REGIONAL SUPERINTENDENTS OF AIR MAIL SERVICE, SHALL BE DIVIDED INTO SEVENTEEN GRADES WITH ANNUAL SALARIES AS FOLLOWS:

CHART GRADE 1 ----------------- $1,900 GRADE 10 --------------- $2,800 GRADE 2 ----------------- 2,000 GRADE 11 ---------------- 2,900 GRADE 3 -- --------------- 2,100 GRADE 12 ---------------- 3,000 GRADE 4 ------------ ----- 2,200GRADE 13 ---------------- 3,100 GRADE 5 ----------------- 2,300 GRADE 14 ---------------- 3,200 GRADE 6 ----------------- 2,400 GRADE 15 - --------------- 3,300 GRADE 7 ----------------- 2,500 GRADE 16 ----------- ----- 3,400 GRADE 8 ----------------- 2,600 GRADE 17 ---------------- 3,500 GRADE 9 ----------------- 2,700

(K) SUBSTITUTE RAILWAY POSTAL CLERKS SHALL BE PAID, FOR ACTUAL SERVICES PERFORMED WHEN ON OTHER THAN ROAD DUTY, AND SHALL BE PAID FOR ROAD SERVICES PERFORMED ACCORDING TO THE TIME VALUE OF THE TRIP OF SUCH ROAD SERVICE INCLUDING A PROPER ALLOWANCE FOR ALL SERVICES REQUIRED ON LAY-OFF PERIODS, AS PROVIDED HEREIN FOR REGULAR EMPLOYEES ASSIGNED TO ROAD DUTY, ON AN HOURLY BASIS AT THE FOLLOWING RATES:

CHART

PER HOUR PER HOUR GRADE 1 ------------------ $0.94 GRADE 6 ------------- $1.19 GRADE 2 --------- --------- .99 GRADE 7 ------------- 1.24 GRADE 3 - -------------- --- 1.04 GRADE 8 ------------- 1.29 GRADE 4 --------------- ---- 1.09 GRADE 9 ------------- 1.34 GRADE 5 ------------------- 1.14 AND SHALL BE PROMOTED SUCCESSIVELY TO GRADE 9 FOLLOWING ONE YEAR'S SATISFACTORY SERVICE IN THE NEXT LOWER GRADE.

(1) SUBSTITUTE RAILWAY POSTAL CLERKS, WHEN APPOINTED REGULAR CLERKS, SHALL BE APPOINTED IN THE SALARY GRADE CORRESPONDING TO THEIR SALARY GRADE AS A SUBSTITUTE. ANY FRACTIONAL PART OF A YEAR'S SERVICE ACCUMULATED AFTER THE LAST PROMOTION AS A SUBSTITUTE SHALL BE INCLUDED WITH HIS SERVICE AS A REGULAR CLERK IN DETERMINING ELIGIBILITY FOR PROMOTION TO THE NEXT HIGHER GRADE FOLLOWING APPOINTMENT TO A REGULAR POSITION.

(S) PROMOTIONS TO AUTOMATIC GRADES SHALL BE MADE AT THE BEGINNING OF THE QUARTER FOLLOWING ONE YEAR'S SATISFACTORY SERVICE IN THE NEXT LOWER GRADE. PROMOTIONS TO ADDITIONAL GRADES SHALL BE MADE AT THE BEGINNING OF THE QUARTER FOLLOWING THE REQUIRED PERIODS OF FAITHFUL AND MERITORIOUS SERVICE AS PROVIDED HEREIN: PROVIDED, THAT TWO THOUSAND AND TWENTY-FOUR HOURS OF SERVICE IN A PAY STATUS SHALL COMPRISE A YEAR'S WORK FOR SUBSTITUTE RAILWAY POSTAL CLERKS AND SUBSTITUTE MAIL HANDLERS. PROVIDED FURTHER, THAT THERE SHALL BE NOT MORE THAN ONE INCREASE IN THE RATE OF PAY OF A SUBSTITUTE EMPLOYEE WITHIN A PERIOD OF TWELVE MONTHS. (ITALICS SUPPLIED.)

SEC. 23. IN THE READJUSTMENT OF SALARIES TO CONFORM TO THE PROVISIONS OF THIS ACT, REGULAR EMPLOYEES FOR WHOM SALARY STEPS, AUTOMATIC AND ADDITIONAL GRADES HAVE BEEN PROVIDED IN SECTION 12, 13, 14, 15, 16, 18, AND 19 SHALL BE ASSIGNED TO THE SALARY OF THEIR RESPECTIVE POSITIONS ON THE BASIS OF THEIR BASE SALARY PLUS 20 PERCENTUM, OR $400, WHICHEVER IS THE LESSER AMOUNT, BUT NOT LESS THAN $300: PROVIDED, THAT WHEN THE APPLICATION OF THE ABOVE FORMULA PRODUCES A SUM THAT IS NOT EQUAL TO A SALARY PROVIDED FOR THE POSITION, THE EMPLOYEE SHALL BE ASSIGNED TO THE NEXT HIGHER SALARY GRADE: PROVIDED FURTHER, THAT NO EMPLOYEE SHALL BE ASSIGNED TO A SALARY GRADE ABOVE THE MAXIMUM AUTOMATIC OR ADDITIONAL GRADE PROVIDED FOR THE POSITION: AND PROVIDED FURTHER, THAT CLERKS WHO ARE EMPLOYED NOT LESS THAN FORTY HOURS PER WEEK AT THIRD-CLASS POST OFFICES, AND WHO ARE APPOINTED TO REGULAR POSITIONS, SHALL BE ASSIGNED TO THE MINIMUM SALARY RATE PROVIDED FOR THE POSITION.

IT WILL BE NOTED THAT THE INITIAL ADJUSTMENT OF SALARIES UNDER SECTION 23 IS NOT BASED UPON LONGEVITY BUT UPON THE COMPENSATION OF WHICH THE EMPLOYEE WAS IN RECEIPT UNDER PRIOR STATUTES. ALSO, THAT WHEN APPOINTING SUBSTITUTE RAILWAY CLERKS TO REGULAR RAILWAY CLERKS SECTION 16 (B) REQUIRES THAT THEY BE APPOINTED IN THE SALARY GRADE CORRESPONDING TO THE SALARY GRADE HELD BY THEM AS A SUBSTITUTE. THE HOURLY RATES FOR SUBSTITUTES IN THE RESPECTIVE GRADES WHEN MULTIPLIED BY THE NUMBER OF HOURS OF SERVICE REQUIRED FOR A YEAR'S CREDIT--- SEE SECTION 16 (A/--- APPROXIMATE THE SALARY RATES OF THE SAME NUMBERED GRADES FOR REGULAR RAILWAY EMPLOYEES.

THE PROVISIONS OF SECTION 16 (1) WITH RESPECT TO THE APPOINTMENT OF SUBSTITUTE RAILWAY POSTAL CLERKS TO REGULAR CLERKS WERE MODIFIED--- WITHOUT SPECIFIC REFERENCE--- BY SECTION 1 OF THE ACT OF MARCH 6, 1946, PUBLIC LAW 317, 60 STAT. 35, WHICH SECTION PROVES AS FOLLOWS:

THAT, UPON APPOINTMENT TO A REGULAR POSITION IN THE POSTAL SERVICE, ANY EMPLOYEE WHO WAS A SUBSTITUTE IN THE POSTAL SERVICE PRIOR TO JULY 1, 1945, SHALL RECEIVE CREDIT FOR ACTUAL SUBSTITUTE SERVICE, INCLUDING TIME SERVED AS A SPECIAL-DELIVERY MESSENGER, PERFORMED PRIOR TO JULY 1, 1945, COMPUTED ON THE BASIS OF ONE YEAR FOR EACH UNIT OF TWO THOUSAND FOUR HUNDRED AND FORTY-EIGHT HOURS, BUT SUCH CREDIT SHALL NOT EXCEED FOUR YEARS. THE CREDIT THUS COMPUTED SHALL BE ADDED TO CREDIT FOR ACTUAL SUBSTITUTE SERVICE, INCLUDING TIME SERVED AS A SPECIAL DELIVERY MESSENGER, PERFORMED ON AND AFTER JULY 1, 1945, COMPUTED ON THE BASIS OF ONE YEAR FOR EACH UNIT OF TWO THOUSAND AND TWENTY-FOUR HOURS, BUT CREDIT FOR SERVICE PERFORMED ON AND AFTER JULY 1, 1945, SHALL NOT EXCEED ONE YEAR FOR EACH PERIOD OF TWELVE MONTHS. UPON THE APPOINTMENT OF ANY SUCH EMPLOYEE TO A REGULAR POSITION HE SHALL BE PLACED IN THE SALARY GRADE TO WHICH HE WOULD HAVE PROGRESSED HAD HIS ORIGINAL APPOINTMENT BEEN MADE TO A REGULAR POSITION OF GRADE 1, PLUS FOUR GRADES, AND THE PROGRESSION SHALL BE COMPUTED ON THE BASIS OF YEAR'S SUBSTITUTE SERVICE SERVICE AS HEREIN PROVIDED. ANY FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE PERFORMED PRIOR TO JULY 1, 1945, AND ON AND AFTER THAT DATE, SHALL BE INCLUDED WITH REGULAR SERVICE TO A REGULAR POSITION: PROVIDED, THAT NO SUBSTITUTE SHALL BE APPOINTED TO A HIGHER GRADE OF A REGULAR POSITION THAN THE HIGHEST GRADE TO WHICH EMPLOYEES MAY PROGRESS THROUGH ANNUAL PROMOTIONS: PROVIDED FURTHER, THAT UPON APPOINTMENT OF A SUBSTITUTE EMPLOYEE TO A REGULAR POSITION HE SHALL NOT BE PLACED IN OR PROMOTED TO A GRADE HIGHER THAN THE GRADE TO WHICH HE WOULD HAVE PROGRESSED, INCLUDING BENEFITS AUTHORIZED BY SECTION 23 OF PUBLIC LAW 134, APPROVED JULY 6, 1945, HAD HIS ORIGINAL APPOINTMENT BEEN TO A REGULAR POSITION OF GRADE 1: AND PROVIDED FURTHER, THAT EMPLOYEES SHALL NOT BE ALLOWED CREDIT FOR SERVICE PERFORMED UNDER TEMPORARY OR WAR- SERVICE APPOINTMENTS EXCEPT WHEN SUCH SERVICE IS CONTINUOUS TO THE DATE OF APPOINTMENT AS A CLASSIFIED SUBSTITUTE OR REGULAR EMPLOYEE.

WHILE SAID SECTION 1 PROVIDES FOR AN ADVANCEMENT OF FOUR GRADES WHEN A SUBSTITUTE IN THE SERVICE PRIOR TO JULY 1, 1945, IS APPOINTED A REGULAR CLERK, I FIND NO PROVISION REQUIRING A REDUCTION BELOW THE SUBSTITUTE GRADE CORRESPONDING NUMERICALLY WITH THE REGULAR GRADE HELD BY AN EMPLOYEE WHEN RELEGATED TO A SUBSTITUTE POSITION. SAID ACT OF MARCH 6, 1946, MAKES NO CHANGE IN THE PROVISIONS OF SECTIONS 16 (K) AND 16 (S) OF THE POSTAL EMPLOYEES' PAY ACT, PUBLIC LAW 134, WITH RESPECT TO THE REQUIREMENT FOR PROMOTION IN EITHER THE REGULAR OR SUBSTITUTE GRADES.

SPECIFICALLY, THEREFORE, I FIND NO PROVISION OF LAW WHICH WOULD PREVENT THE PROMOTION TO THE NEXT HIGHER GRADE IN ACCORDANCE WITH THE PROVISIONS OF SECTIONS 16 (K) AND 16 (S), SUPRA, OF A SUBSTITUTE RAILWAY POSTAL CLERK WHO PREVIOUSLY HAD BEEN APPOINTED AS A REGULAR CLERK AND WHO HAS COMPLETED ONE YEAR'S SATISFACTORY SERVICE AS A SUBSTITUTE, MERELY BECAUSE THE CLERK WAS PLACED IN A GRADE AS A SUBSTITUTE IN EXCESS OF THE GRADE WHICH HE WOULD HAVE ATTAINED IF AT ONE TIME HE HAD NOT BEEN APPOINTED AS A REGULAR CLERK. UNDER THE LAW, PROMOTION CAN BE MADE TO THE NEXT HIGHER GRADE ONLY AFTER ONE YEAR'S SATISFACTORY SERVICE AS A SUBSTITUTE WITHOUT REGARD TO THE AMOUNT OF SERVICE PREVIOUSLY RENDERED. HOWEVER, THERE IS NO AUTHORITY WHEREBY SERVICE AS A REGULAR RAILWAY POSTAL CLERK CAN BE CREDITED TOWARD PROMOTION AS A SUBSTITUTE RAILWAY POSTAL CLERK. CF. DECISION OF JUNE 18, 1946, B-56484, 25 COMP. GEN. 879, TO YOU. YOUR QUESTION IS ANSWERED ACCORDINGLY.

WITH SPECIFIC REFERENCE TO THE EXAMPLE GIVEN IN YOUR LETTER THE EMPLOYEE WHO WOULD HAVE BEEN ELIGIBLE FOR PROMOTION ON APRIL 1, 1946, BUT WHO WAS WITHDRAWN FROM REGULAR ASSIGNMENT ON JANUARY 1, 1946, TO SERVE AS A SUBSTITUTE WILL NOT COMPLETE HIS PROMOTION YEAR UNTIL DECEMBER 31, 1946, AND, THEREFORE, MAY NOT BE PROMOTED AS OF APRIL 1, 1946, AS SUGGESTED.