A-27052, DECEMBER 11, 1929, 9 COMP. GEN. 242

A-27052: Dec 11, 1929

Additional Materials:

Contact:

Edda Emmanuelli Perez
(202) 512-2853
EmmanuelliPerezE@gao.gov

 

Office of Public Affairs
(202) 512-4800
youngc1@gao.gov

COMPENSATION - PROMOTION - SUBSTITUTE RAILWAY POSTAL CLERKS SUBSTITUTE RAILWAY POSTAL CLERKS ARE ENTITLED TO PAY AND PROMOTION CREDIT FOR EVERY HOUR OF ACTUAL SERVICE RENDERED AS SUCH AT THE RATE OF 8 HOURS TO A DAY AND 306 DAYS TO A YEAR. THERE IS NO OCCASION FOR REGARDING ANY OF THE SERVICE AS OVERTIME. 1929: I HAVE YOUR LETTER OF NOVEMBER 25. IN THE SPECIFIC CASE SUBMITTED THE CLERK WAS APPOINTED SUBSTITUTE OCTOBER 14. 84 5/8 DAYS OF WHICH WERE OVERTIME. THE CLERK WAS APPOINTED TO GRADE 4. HE WAS PROMOTED TO GRADE 5. THE CLERK WOULD NOT HAVE REACHED GRADE 5 UNTIL THREE MONTHS LATER. THAT IS. FOR WHICH HE WAS CREDITED UNDER THE DECISION OF MAY 7. HE REACHED GRADE 5 THREE MONTHS EARLIER THAN HE WOULD HAVE REACHED SAID GRADE IF HIS ORIGINAL APPOINTMENT HAD BEEN AS A REGULAR CLERK.

A-27052, DECEMBER 11, 1929, 9 COMP. GEN. 242

COMPENSATION - PROMOTION - SUBSTITUTE RAILWAY POSTAL CLERKS SUBSTITUTE RAILWAY POSTAL CLERKS ARE ENTITLED TO PAY AND PROMOTION CREDIT FOR EVERY HOUR OF ACTUAL SERVICE RENDERED AS SUCH AT THE RATE OF 8 HOURS TO A DAY AND 306 DAYS TO A YEAR. THERE IS NO OCCASION FOR REGARDING ANY OF THE SERVICE AS OVERTIME, AND THE RETIREMENT DEDUCTION SHOULD BE COMPUTED ON THE ENTIRE AMOUNT OF COMPENSATION SO EARNED.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, DECEMBER 11, 1929:

I HAVE YOUR LETTER OF NOVEMBER 25, 1929, REQUESTING APPLICATION TO A SPECIFIC CASE OF THE DECISION OF MAY 7, 1929, A-27052, WHICH HELD THAT SUBSTITUTE RAILWAY POSTAL CLERKS MAY BE GRANTED CREDIT FOR ALL ACTUAL SERVICE PERFORMED FOR THE PURPOSE OF DETERMINING THEIR STATUS ON APPOINTMENT AS REGULAR CLERKS.

IN THE SPECIFIC CASE SUBMITTED THE CLERK WAS APPOINTED SUBSTITUTE OCTOBER 14, 1924, AND REGULAR CLERK APRIL 16, 1928, ON WHICH LATTER DATE HE HAD PERFORMED 1,118 7/8 DAYS OF SUBSTITUTE SERVICE, 84 5/8 DAYS OF WHICH WERE OVERTIME. IN ACCORDANCE WITH THE PROVISIONS OF PARAGRAPH 5, SECTION 7, OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1062, THE CLERK WAS APPOINTED TO GRADE 4, APRIL 16, 1928. IN AUGUST, 1928, THE FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE INCLUDED WITH HIS SERVICE AS A REGULAR CLERK AMOUNTED TO OVER 306 DAYS, AND ON OCTOBER 1, 1928, HE WAS PROMOTED TO GRADE 5. THE OVERTIME SERVICE HAD NOT BEEN COUNTED, THE CLERK WOULD NOT HAVE REACHED GRADE 5 UNTIL THREE MONTHS LATER; THAT IS, DUE TO THE FACT THAT THE CLERK WORKED AS A SUBSTITUTE FOR ABOUT 3 1/2 YEARS AND DURING THAT PERIOD PERFORMED 84 5/8 DAYS' OVERTIME SERVICE, FOR WHICH HE WAS CREDITED UNDER THE DECISION OF MAY 7, 1929, HE REACHED GRADE 5 THREE MONTHS EARLIER THAN HE WOULD HAVE REACHED SAID GRADE IF HIS ORIGINAL APPOINTMENT HAD BEEN AS A REGULAR CLERK. IT IS TO BE NOTED, HOWEVER, THAT THE LAW DOES NOT AUTHORIZE ORIGINAL APPOINTMENT AS A REGULAR CLERK, BUT PROVIDES, IN PARAGRAPH 6, SECTION 7, OF THE ACT OF FEBRUARY 28, 1925, SUPRA, THAT ALL ORIGINAL APPOINTMENTS SHALL BE MADE TO THE RANK OF SUBSTITUTE RAILWAY POSTAL CLERK. HENCE THERE APPEARS NO BASIS FOR THE COMPARISON INTENDED TO SHOWN AN INEQUALITY. WHILE IT IS TRUE THIS EMPLOYEE REACHED GRADE 5 BEFORE SERVING FOUR FULL CALENDAR YEARS, THIS RESULT IS DUE TO THE LENGTH OF TIME THE CLERK REMAINED A SUBSTITUTE AND THE HOURS OF SERVICE RENDERED AS SUCH RATHER THAN TO ANY FAULT OF THE RULE ANNOUNCED IN THE DECISION OF MAY 7, 1929.

WHILE IT MAY BE THAT THIS CLERK REACHED GRADE 5 A FEW MONTHS SOONER THAN HE WOULD HAVE REACHED IT IF HE HAD BEEN APPOINTED A REGULAR CLERK AFTER ONLY ONE YEAR'S SERVICE AS A SUBSTITUTE, THAT HAS NOT OPERATED TO THE DISADVANTAGE OF ANY OTHER CLERK, AND IS OFFSET BY THE LONG PERIOD OF TIME HE WAS DENIED THE PRIVILEGES AND ADVANTAGES OF A REGULAR CLERK OVER THOSE OF A SUBSTITUTE CLERK. FOR INSTANCE, HIS PAY FOR THREE AND ONE-HALF YEARS REMAINED AT $1,850 PER ANNUM, WHEREAS IF HE HAD BEEN APPOINTED A REGULAR AFTER THE FIRST YEAR OF SUCH SERVICE HIS RATE WOULD HAVE BEEN $2,000 FOR THE SECOND YEAR, $2,150 FOR THE THIRD YEAR, AND $2,300 FOR THE FOURTH YEAR.

IN REGARD TO YOUR SECOND QUESTION, WHETHER ANY SUBSTITUTE SERVICE SHOULD BE REGARDED AS OVERTIME, SINCE A SUBSTITUTE IS ENTITLED TO PAY AND PROMOTION CREDIT FOR EVERY HOUR OF ACTUAL SERVICE AT THE RATE OF 8 HOURS TO A DAY AND 306 DAYS TO A YEAR, THERE IS NO OCCASION FOR REGARDING ANY OF THE SERVICE AS OVERTIME. FOR THE SAME REASON 3 1/2 PERCENT SHOULD BE DEDUCTED FOR THE RETIREMENT FUND FROM ALL SALARY EARNED BY SUBSTITUTES IN THE RAILWAY MAIL SERVICE.