A-10199, JULY 25, 1925, 5 COMP. GEN. 56

A-10199: Jul 25, 1925

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POSTAL SERVICE - AUXILIARY RURAL CARRIERS THERE IS NO EXPRESS STATUTORY AUTHORITY FOR THE TEMPORARY EMPLOYMENT OF AUXILIARY RURAL CARRIERS TO ASSIST THE REGULAR OR SUBSTITUTE CARRIER WHOSE WORK HAS BECOME TEMPORARILY SO HEAVY THAT HE CAN NOT PERFORM IT ALONE. OBJECTION WILL NOT BE MADE TO THE EMPLOYMENT OF SUCH AUXILIARY RURAL CARRIERS DURING THE FISCAL YEAR 1926. NO PAYMENTS TO AUXILIARY RURAL CARRIERS WILL BE AUTHORIZED SUBSEQUENT TO JUNE 30. WHO ARE REQUIRED TO FURNISH THE REGULATION EQUIPMENT IN ADDITION TO THAT FURNISHED BY THE REGULAR OR SUBSTITUTE CARRIER ASSIGNED TO THE ROUTE. 1925: I HAVE YOUR LETTER OF JUNE 18. REQUESTING DECISION WHETHER "AUXILIARY" RURAL CARRIERS ARE ENTITLED TO PAYMENT OF EQUIPMENT MAINTENANCE ALLOWANCE IN ADDITION TO THE PAYMENT OF EQUIPMENT MAINTENANCE ALLOWANCE TO THE REGULAR OR SUBSTITUTE CARRIER ASSIGNED TO THE ROUTE.

A-10199, JULY 25, 1925, 5 COMP. GEN. 56

POSTAL SERVICE - AUXILIARY RURAL CARRIERS THERE IS NO EXPRESS STATUTORY AUTHORITY FOR THE TEMPORARY EMPLOYMENT OF AUXILIARY RURAL CARRIERS TO ASSIST THE REGULAR OR SUBSTITUTE CARRIER WHOSE WORK HAS BECOME TEMPORARILY SO HEAVY THAT HE CAN NOT PERFORM IT ALONE, BUT IN VIEW OF THE ADMINISTRATIVE REPRESENTATIONS AS TO THE NECESSITY OF CONTINUING THE PRACTICE THAT HAS MAINTAINED FOR SEVERAL YEARS, OBJECTION WILL NOT BE MADE TO THE EMPLOYMENT OF SUCH AUXILIARY RURAL CARRIERS DURING THE FISCAL YEAR 1926. HOWEVER, IN THE ABSENCE OF EXPRESS STATUTORY AUTHORITY THEREFOR, NO PAYMENTS TO AUXILIARY RURAL CARRIERS WILL BE AUTHORIZED SUBSEQUENT TO JUNE 30, 1926. AUXILIARY RURAL CARRIERS EMPLOYED TEMPORARILY TO ASSIST A REGULAR OR SUBSTITUTE CARRIER, WHO ARE REQUIRED TO FURNISH THE REGULATION EQUIPMENT IN ADDITION TO THAT FURNISHED BY THE REGULAR OR SUBSTITUTE CARRIER ASSIGNED TO THE ROUTE, MAY BE PAID THE EQUIPMENT MAINTENANCE ALLOWANCE DURING THE FISCAL YEAR 1926 ON THE SAME BASIS AND AT THE SAME RATES AS PAID THE REGULAR OR SUBSTITUTE CARRIER UNDER THE PROVISIONS OF SECTION 8 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1063.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, JULY 25, 1925:

I HAVE YOUR LETTER OF JUNE 18, 1925, REQUESTING DECISION WHETHER "AUXILIARY" RURAL CARRIERS ARE ENTITLED TO PAYMENT OF EQUIPMENT MAINTENANCE ALLOWANCE IN ADDITION TO THE PAYMENT OF EQUIPMENT MAINTENANCE ALLOWANCE TO THE REGULAR OR SUBSTITUTE CARRIER ASSIGNED TO THE ROUTE.

YOU DESCRIBE AN AUXILIARY CARRIER AS ONE "APPOINTED TO ASSIST A REGULAR CARRIER WHOSE WORK IS SO HEAVY THAT HE CAN NOT PERFORM IT ALONE," AND CITE THE CASE OF EDWARD L. DUGGAN, WHO WAS APPOINTED MAY 14, 1925, AS AN AUXILIARY CARRIER ON RURAL ROUTE NO. 1, ELLENVILLE, N.Y., TO SERVE DURING THE PERIOD FROM JUNE 1 TO SEPTEMBER 15, 1925, BOTH DATES INCLUSIVE, AT A SALARY OF $1,728 PER ANNUM. THE ROUTE IS 22.7 MILES IN LENGTH, DAILY EXCEPT SUNDAY.

THERE APPEARS NO EXPRESS STATUTORY AUTHORITY FOR APPOINTMENT OF "AUXILIARY" CARRIERS TO ASSIST REGULAR OR SUBSTITUTE CARRIERS ON THE SAME ROUTE, AND NO EXPRESS BASIS FOR PAYMENT OF COMPENSATION OR EQUIPMENT MAINTENANCE ALLOWANCE TO SUCH CARRIERS HAS BEEN PROVIDED BY LAW. EVIDENTLY THE LAW CONTEMPLATES ONLY ONE CARRIER FOR ONE ROUTE FOR THE SAME PERIOD OF TIME.

IT IS UNDERSTOOD THAT THE ADMINISTRATIVE PRACTICE IN FORCE FOR THE PAST FEW YEARS HAS BEEN TO APPOINT SUCH AUXILIARY CARRIERS WHERE NECESSARY TO DELIVER A TEMPORARILY INCREASED MAIL DURING THE SUMMER SEASON ON CERTAIN ROUTES ON WHICH ARE LOCATED A LARGE NUMBER OF SUMMER HOMES, AND ALSO ON OTHER ROUTES WHERE FOR SOME REASON THE MAIL IS TEMPORARILY INCREASED TO SUCH AN EXTENT THAT THE REGULAR OR SUBSTITUTE CARRIER ASSIGNED TO THE ROUTE IS PHYSICALLY UNABLE TO DELIVER ALL THE MAIL DURING SUCH TEMPORARY PERIOD. IT IS REPRESENTED THAT IN SUCH CASES IT IS IMPRACTICABLE TO DIVIDE THE ROUTE TEMPORARILY INTO TWO SHORTER ROUTES WITH THE RESULTING CHANGE IN BASIS OF COMPENSATION, THE SITUATION BEING THAT THE MAIL ON A ROUTE NOT SUSCEPTIBLE OF SUBDIVISION IS INCREASED TEMPORARILY TO SUCH AN EXTENT AS TO NECESSITATE THE EMPLOYMENT OF TWO CARRIERS TO SERVE THE ONE ROUTE. WHILE THE SITUATION AS PRESENTED WOULD APPEAR TO INDICATE A NECESSITY FOR THE EMPLOYMENT OF THE AUXILIARY CARRIERS, THE MATTER OF THEIR APPOINTMENT AND THE BASIS FOR PAYING THEM COMPENSATION AND EQUIPMENT MAINTENANCE ALLOWANCE SHOULD BE SPECIFICALLY PROVIDED BY LAW.

IN VIEW OF THE DESCRIBED CONDITIONS AND THE REPRESENTATIONS AS TO THE NECESSITY FOR THE EMPLOYMENT OF THE ADDITIONAL CARRIERS IN ORDER TO EFFECT DELIVERY OF THE MAIL WITHIN THE PRESCRIBED TIME, NO OBJECTION WILL BE MADE IN THE AUDIT OF ACCOUNTS TO THE PAYMENT OF COMPENSATION TO THE AUXILIARY RURAL CARRIERS FOR THE FISCAL YEAR 1926, BUT IN THE ABSENCE OF STATUTORY AUTHORITY THEREFOR NO PAYMENTS TO AUXILIARY RURAL CARRIERS WILL BE AUTHORIZED SUBSEQUENT TO JUNE 30, 1926.

THIS WILL EMBRACE EQUIPMENT MAINTENANCE ALLOWANCE WHERE THE AUXILIARY CARRIER NECESSARILY PROVIDES REGULATION EQUIPMENT SEPARATELY FROM THAT OF THE REGULAR OR SUBSTITUTE CARRIER ASSIGNED TO THE ROUTE.