A-57652, OCTOBER 12, 1934, 14 COMP. GEN. 311

A-57652: Oct 12, 1934

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AS FOLLOWS: ATTENTION IS INVITED TO THE CASE OF POST OFFICE CLERK WINFIELD W. WALTHER WAS ORIGINALLY APPOINTED A SUBSTITUTE CLERK AT DENVER. 078 HOURS OF SUBSTITUTE SERVICE WAS PROMOTED TO REGULAR CLERK APRIL 1. THIS EMPLOYEE WAS AUTOMATICALLY PROMOTED TO THE $2. WOULD HAVE BEEN PROMOTED TO THE $2. WALTHER WAS TRANSFERRED TO THE DIVISION HEADQUARTERS OF POST OFFICE INSPECTORS AT DENVER. WAS RETRANSFERRED TO HIS FORMER POSITION AS A CLERK IN THE DENVER POST OFFICE JUNE 15. A DECISION IS REQUESTED AS TO WHETHER THIS CLERK IS ELIGIBLE FOR AUTOMATIC PROMOTION ON JULY 1. SHALL BE CREDITED TO THE OFFICERS OR EMPLOYEES AND SUCH OFFICERS OR EMPLOYEES PROMOTED TO THE GRADE TO WHICH THEY WOULD HAVE PROGRESSED HAD SECTION 201 (SUSPENDING AUTOMATIC INCREASES IN COMPENSATION) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT.

A-57652, OCTOBER 12, 1934, 14 COMP. GEN. 311

POSTAL SERVICE - AUTOMATIC PROMOTION - TRANSFER OF EMPLOYEES AFTER THE RETRANSFER OF A POSTAL CLERK FROM ANOTHER BRANCH OF THE POSTAL SERVICE TO THE AUTOMATIC SALARY GRADE HELD BEFORE TRANSFER TO THE OTHER BRANCH OF THE POSTAL SERVICE, THE YEAR'S SERVICE FOR FURTHER AUTOMATIC PROMOTION BEGINS TO RUN FROM THE DATE OF RETRANSFER TO THE AUTOMATIC SALARY GRADE, AND NO SERVICE RENDERED BEFORE THE TRANSFER TO THE OTHER BRANCH OF THE POSTAL SERVICE MAY BE INCLUDED AS A MATTER OF RIGHT.

COMPTROLLER GENERAL MCCARL TO THE POSTMASTER GENERAL, OCTOBER 12, 1934:

THERE HAS BEEN RECEIVED YOUR LETTER OF SEPTEMBER 6, 1934, AS FOLLOWS:

ATTENTION IS INVITED TO THE CASE OF POST OFFICE CLERK WINFIELD W. WALTHER. MR. WALTHER WAS ORIGINALLY APPOINTED A SUBSTITUTE CLERK AT DENVER, COLORADO, MARCH 4, 1929, AND AFTER PERFORMING 5,078 HOURS OF SUBSTITUTE SERVICE WAS PROMOTED TO REGULAR CLERK APRIL 1, 1931, AT A SALARY OF $1,900 A YEAR. THIS EMPLOYEE WAS AUTOMATICALLY PROMOTED TO THE $2,000 GRADE APRIL 1, 1932, AND WOULD HAVE BEEN PROMOTED TO THE $2,100 GRADE APRIL 1, 1933, EXCEPT FOR THE PROVISIONS OF THE ACT OF JUNE 30, 1932, SUSPENDING PROMOTIONS IN THE AUTOMATIC GRADES.

MR. WALTHER WAS TRANSFERRED TO THE DIVISION HEADQUARTERS OF POST OFFICE INSPECTORS AT DENVER, DECEMBER 11, 1933, AND WAS RETRANSFERRED TO HIS FORMER POSITION AS A CLERK IN THE DENVER POST OFFICE JUNE 15, 1934, AT A SALARY OF $2,000 A YEAR.

A DECISION IS REQUESTED AS TO WHETHER THIS CLERK IS ELIGIBLE FOR AUTOMATIC PROMOTION ON JULY 1, 1934, AS CONTEMPLATED IN THE ACT OF CONGRESS APPROVED JUNE 27, 1934 (PUBLIC, NO. 480, 73D CONGRESS), AMENDING THE INDEPENDENT OFFICES APPROPRIATION ACT OF 1935, AUTHORIZING THE RESUMPTION OF AUTOMATIC PROMOTIONS IN THE POSTAL FIELD SERVICE.

SECTION 4 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059, DIVIDES CLERKS OF FIRST- AND SECOND-CLASS POST OFFICES INTO FIVE SALARY GRADES AND PROVIDES FOR THEIR PROMOTION AS FOLLOWS:

* * * AND PROVIDED FURTHER, THAT CLERKS IN FIRST- AND SECOND-CLASS POST OFFICES * * * SHALL BE PROMOTED SUCCESSIVELY AFTER ONE YEAR'S SATISFACTORY SERVICE IN EACH GRADE TO THE NEXT HIGHER GRADE UNTIL THEY REACH THE FIFTH GRADE. * * *

SECTION 1 OF THE ACT OF JUNE 27, 1934, 48 STAT. 1265, PROVIDES AS FOLLOWS:

THAT IN THE ADMINISTRATION OF THE PROVISION OF SUBPARAGRAPH (1) OF SECTION 24 OF THE INDEPENDENT OFFICES APPROPRIATION ACT, 1935, AMENDING SECTION 201 OF PART II OF THE LEGISLATIVE APPROPRIATION ACT FOR THE FISCAL YEAR 1935, ALL SERVICE RENDERED BY POSTAL AND OTHER OFFICERS AND EMPLOYEES PRIOR TO JULY 1, 1932, AND SUBSEQUENT TO JUNE 30, 1932, SHALL BE CREDITED TO THE OFFICERS OR EMPLOYEES AND SUCH OFFICERS OR EMPLOYEES PROMOTED TO THE GRADE TO WHICH THEY WOULD HAVE PROGRESSED HAD SECTION 201 (SUSPENDING AUTOMATIC INCREASES IN COMPENSATION) OF PART II OF THE LEGISLATIVE APPROPRIATION ACT, FISCAL YEAR 1933, NOT BEEN ENACTED.

WITH THE APPROVAL OF THE CIVIL SERVICE COMMISSION, THE POST OFFICE DEPARTMENT MAY REINSTATE OR TRANSFER A POSTAL EMPLOYEE TO ANY OF THE FIVE SALARY GRADES REGARDLESS OF THE LENGTH OF PRIOR SERVICE, BUT AFTER REINSTATEMENT OR TRANSFER AN AUTOMATIC PROMOTION UNDER THE TERMS OF THE ABOVE-QUOTED STATUTE OF 1925 IS AUTHORIZED ONLY AFTER A YEAR'S SATISFACTORY SERVICE IN THE SALARY GRADE IN WHICH SO REINSTATED OR TRANSFERRED. 7 COMP. GEN. 295. THEREFORE, AFTER THE RETRANSFER OF MR. WALTHER TO THE POSITION OF POSTAL CLERK, GRADE 4, AT A SALARY OF $2,000 PER ANNUM, EFFECTIVE JUNE 15, 1934, NO SERVICE PRIOR TO HIS TRANSFER ON DECEMBER 11, 1933, TO THE DIVISION HEADQUARTERS OF POST OFFICE INSPECTORS, IS AUTHORIZED TO BE INCLUDED IN DETERMINING AUTOMATIC PROMOTIONS.

FURTHERMORE, IN DECISION OF JULY 12, 1934, 14 COMP. GEN. 31, 33, IT WAS HELD AS FOLLOWS:

DURING THE PERIOD JULY 1, 1932, TO AND INCLUDING JUNE 30, 1934, SECTION 201 OF THE ECONOMY ACT REMAINED IN OPERATION, SUSPENDING ALL PROVISIONS OF LAW CONFERRING AUTOMATIC INCREASES IN COMPENSATION BY REASON OF LENGTH OF SERVICE OR PROMOTION. SECTION 24 OF THE ACT OF MARCH 28, 1934, AS AMENDED AND CLARIFIED BY SECTION 1 OF THE ACT OF JUNE 27, 1934, SUPRA, RESTORING THE RIGHT TO RECEIVE AUTOMATIC INCREASES IN COMPENSATION, DID NOT BECOME EFFECTIVE UNTIL JULY 1, 1934. THUS, IT IS THE RECORD OF SERVICE AND STATUS ON JULY 1, 1934, AND NOT ON ANY DATE DURING THE FISCAL YEARS 1933 AND 1934, WHICH MUST DETERMINE THE AMOUNT AND EFFECTIVE DATE OF AN AUTOMATIC INCREASE IN COMPENSATION DURING THE FISCAL YEAR 1935.

ACCORDINGLY, MR. WALTHER WAS NOT ENTITLED TO AN AUTOMATIC INCREASE IN COMPENSATION EFFECTIVE JULY 1, 1934, AND WILL NOT BE ENTITLED TO SUCH INCREASE UNTIL JUNE 15, 1935, BASED ON A YEAR'S SATISFACTORY SERVICE SINCE JUNE 15, 1934.