A-60518, APRIL 5, 1935, 14 COMP. GEN. 735

A-60518: Apr 5, 1935

Additional Materials:

Contact:

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

 

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

IS APPLICABLE ONLY IN DETERMINING ELIGIBILITY FOR PROMOTION AUTHORIZED TO BE MADE ON OR AFTER JULY 1. THAT IS. SAID SECTION HAS NO APPLICATION TO ANY EMPLOYEE WHOSE APPOINTMENT AS A REGULAR WAS ON OR PRIOR TO JULY 1. EVIDENTLY ON THE ASSUMPTION THAT HE WAS ENTITLED TO A RETROACTIVE CREDIT FOR A FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE UNDER THE TERMS OF SECTION 2 OF THE ACT OF JUNE 27. THE RECORDS OF THIS OFFICE DISCLOSE THAT CLAIMANT WAS APPOINTED AS REGULAR CARRIER APRIL 3. WHICH WAS LESS THAN THE 1 YEAR. PROVIDES: * * * THAT HEREAFTER SUBSTITUTE CLERKS IN FIRST-AND-SECOND-CLASS POST OFFICES AND SUBSTITUTE LETTER CARRIERS IN THE CITY DELIVERY SERVICE WHEN APPOINTED REGULAR CLERKS OR CARRIERS SHALL HAVE CREDIT FOR ACTUAL TIME SERVED.

A-60518, APRIL 5, 1935, 14 COMP. GEN. 735

POSTAL SERVICE - AUTOMATIC PROMOTION - COUNTING OF SUBSTITUTE SERVICE SECTION 2 OF THE ACT OF JUNE 27, 1934, 48 STAT. 1266, PROVIDING THAT A FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE MAY BE INCLUDED WITH SERVICE AS A REGULAR CLERK OR CARRIER IN THE CITY DELIVERY SERVICE IN DETERMINING ELIGIBILITY FOR PROMOTION TO THE NEXT HIGHER GRADE FOLLOWING APPOINTMENT TO A REGULAR POSITION, HAS NO RETROACTIVE EFFECT, BUT IS APPLICABLE ONLY IN DETERMINING ELIGIBILITY FOR PROMOTION AUTHORIZED TO BE MADE ON OR AFTER JULY 1, 1934, TO THE NEXT HIGHER GRADE FOLLOWING APPOINTMENT TO A REGULAR POSITION; THAT IS, SAID SECTION HAS NO APPLICATION TO ANY EMPLOYEE WHOSE APPOINTMENT AS A REGULAR WAS ON OR PRIOR TO JULY 1, 1933.

DECISION BY COMPTROLLER GENERAL MCCARL, APRIL 5, 1935:

FRITZ W. FLEISCHMAN, A CITY LETTER CARRIER AT CORVALLIS, OREG., POST OFFICE, HAS FILED CLAIM IN THIS OFFICE FOR $48.25 AS ADDITIONAL SALARY ALLEGED TO BE DUE ON ACCOUNT OF AN ADMINISTRATIVELY APPROVED ADJUSTMENT IN HIS SALARY RATE FROM $1,700 TO $1,800 PER ANNUM FOR THE PERIOD JANUARY 1 TO JUNE 30, 1932, EVIDENTLY ON THE ASSUMPTION THAT HE WAS ENTITLED TO A RETROACTIVE CREDIT FOR A FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE UNDER THE TERMS OF SECTION 2 OF THE ACT OF JUNE 27, 1934, 48 STAT., 1266.

THE RECORDS OF THIS OFFICE DISCLOSE THAT CLAIMANT WAS APPOINTED AS REGULAR CARRIER APRIL 3, 1931, IN THE FIRST GRADE WITH SALARY RATE OF $1,700 PER ANNUM, AT WHICH TIME HE HAD ONLY 746 HOURS, OR 93 DAYS' SUBSTITUTE SERVICE CREDIT, WHICH WAS LESS THAN THE 1 YEAR, 306 DAYS, NECESSARY TO ENTITLE HIM TO APPOINTMENT IN THE SECOND GRADE WITH SALARY RATE OF $1,800 PER ANNUM. THE POST OFFICE DEPARTMENT ON JOURNAL NO. 938, DATED NOVEMBER 14, 1934, PURPORTED TO AUTHORIZE HIS PROMOTION TO $1,800 PER ANNUM EFFECTIVE FROM JANUARY 1, 1932, AND TO $2,000 PER ANNUM EFFECTIVE FROM JULY 1, 1934.

SECTION 4 OF THE ACT OF FEBRUARY 28, 1925, 43 STAT. 1059, AS AMENDED BY THE ACT OF FEBRUARY 28, 1929, 45 STAT. 1405, PROVIDES:

* * * THAT HEREAFTER SUBSTITUTE CLERKS IN FIRST-AND-SECOND-CLASS POST OFFICES AND SUBSTITUTE LETTER CARRIERS IN THE CITY DELIVERY SERVICE WHEN APPOINTED REGULAR CLERKS OR CARRIERS SHALL HAVE CREDIT FOR ACTUAL TIME SERVED, INCLUDING TIME SERVED AS SPECIAL-DELIVERY MESSENGERS, ON A BASIS OF ONE YEAR FOR EACH THREE HUNDRED AND SIX DAYS OF EIGHT HOURS SERVED AS SUBSTITUTE OR MESSENGER, AND SHALL BE APPOINTED TO THE GRADE TO WHICH SUCH CLERK OR CARRIER WOULD HAVE PROGRESSED HAD HIS ORIGINAL APPOINTMENT AS SUBSTITUTE BEEN TO GRADE 1. * * * THAT CLERKS IN FIRST AND SECOND CLASS POST OFFICES AND LETTER CARRIERS IN THE CITY DELIVERY SERVICE SHALL BE PROMOTED SUCCESSIVELY AFTER ONE YEAR'S SATISFACTORY SERVICE IN EACH GRADE TO THE NEXT HIGHER GRADE UNTIL THEY REACH THE FIFTH GRADE. ALL PROMOTIONS SHALL BE MADE AT THE BEGINNING OF THE QUARTER FOLLOWING ONE YEAR'S SATISFACTORY SERVICE IN THE GRADE: * * *.

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 1933, 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.

SEC. 2. AMEND THE SECOND PROVISO OF SECTION 4 OF THE ACT ENTITLED "AN ACT RECLASSIFYING THE SALARIES OF POSTMASTERS AND EMPLOYEES OF THE POSTAL SERVICE, READJUSTING THEIR SALARIES AND COMPENSATION ON AN EQUITABLE BASIS, INCREASING POSTAL RATES TO PROVIDE FOR SUCH READJUSTMENT, AND FOR OTHER PURPOSES," APPROVED FEBRUARY 28, 1925, AS AMENDED (U.S.C., SUPP. VII, TITLE 39, SEC. 104), BY STRIKING OUT THE COLON AT THE END OF THE PROVISO AND INSERTING A PERIOD IN LIEU THEREOF AND THE FOLLOWING: "ANY FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE WILL BE INCLUDED WITH HIS SERVICE AS A REGULAR CLERK OR CARRIER IN THE CITY DELIVERY SERVICE IN DETERMINING ELIGIBILITY FOR PROMOTION TO THE NEXT HIGHER GRADE FOLLOWING APPOINTMENT TO A REGULAR POSITION: "

UNDER THE QUOTED STATUTES IN EFFECT PRIOR TO JUNE 27, 1934, CREDIT FOR A FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE WAS NOT AUTHORIZED TO BE COUNTED IN DETERMINING THE PROPER AUTOMATIC SALARY GRADE UPON APPOINTMENT TO THE POSITION OF REGULAR CARRIER, NOR FOR SUBSEQUENT PROMOTION. HENCE, AFTER THIS CARRIER HAD BEEN APPOINTED A REGULAR CARRIER ON APRIL 1, 1931, IN THE FIRST GRADE WITH SALARY RATE OF $1,700 PER ANNUM, CREDIT FOR THE 93 DAYS OF SUBSTITUTE SERVICE, 93/306 OF 1 YEAR, WAS LOST UNDER THE LAWS THEN IN FORCE. THE BEGINNING OF THE QUARTER FOLLOWING COMPLETION OF 1 YEAR'S SATISFACTORY SERVICE IN THE FIRST GRADE WOULD HAVE BEEN JULY 1, 1932, THE COMPLETION OF 1 YEAR'S SERVICE IN THE SECOND GRADE, JULY 1, 1933, AND THE COMPLETION OF 1 YEAR'S SERVICE IN THE THIRD GRADE JULY 1, 1934. AUTOMATIC PROMOTION ON JULY 1, 1932, AND JULY 1, 1933, WAS PROHIBITED BY THE ECONOMY ACT. HENCE, NO PROMOTION WAS AUTHORIZED UNTIL JULY 1, 1934, WHEN HE BECAME ENTITLED UNDER SECTION 1 OF THE ACT OF JUNE 27, 1934, SUPRA, TO PROMOTION TO THE FOURTH GRADE WITH SALARY RATE OF $2,000 PER ANNUM.

HOWEVER, THERE IS NO PURPOSE OR INTENT SHOWN, EITHER EXPRESSLY OR BY REASONABLE IMPLICATION, THAT SECTION 2 OF SAID ACT IS TO BE GIVEN AN EFFECT RETROACTIVELY TO AUTHORIZE READJUSTMENT OF SALARY RATES FOR PERIODS PRIOR TO JULY 1, 1934, BY CREDITING A FRACTIONAL PART OF A YEAR'S SUBSTITUTE SERVICE, BUT SAID SECTION IS APPLICABLE ONLY IN DETERMINING ELIGIBILITY FOR PROMOTION AUTHORIZED TO BE MADE ON OR AFTER JULY 1, 1934, TO THE NEXT HIGHER GRADE FOLLOWING APPOINTMENT TO REGULAR POSITION. THAT IS TO SAY, SAID SECTION HAS NO APPLICATION TO ANY EMPLOYEE WHOSE APPOINTMENT AS A REGULAR WAS ON OR PRIOR TO JULY 1, 1933.