B-106009, DECEMBER 6, 1951, 31 COMP. GEN. 204

B-106009: Dec 6, 1951

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SERVICE AS A CHRISTMAS TEMPORARY SUBSTITUTE IN THE POSTAL SERVICE FOR LESS THAN ONE MONTH IS NOT CONSIDERED SUCH SERVICE AS WOULD RENDER A SUBSEQUENT 801 OF THE CLASSIFICATION ACT OF 1949. 1951: REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10. WALKER WAS GIVEN AN INDEFINITE APPOINTMENT JUNE 28. NOTIFICATION OF PERSONNEL ACTION WAS RECEIVED WHICH CORRECTED THE ORIGINAL APPOINTMENT TO SHOW THE SALARY AS $2. FURTHER CHECK OF HIS PERSONNEL RECORD INDICATES THE PERIOD OF EMPLOYMENT WAS FROM DECEMBER 5 THROUGH DECEMBER 25. APPARENTLY HE WAS EMPLOYED AS A CHRISTMAS TEMPORARY SUBSTITUTE. SERVICE AS A CHRISTMAS TEMPORARY SUBSTITUTE FOR LESS THAN ONE MONTH IS NOT CONSIDERED SUCH SERVICE AS WOULD RENDER A SUBSEQUENT APPOINTMENT TO CPC-3 OTHER THAN A NEW APPOINTMENT WITHIN THE PURVIEW OF SECTION 801 OF THE CLASSIFICATION ACT OF 1949.

B-106009, DECEMBER 6, 1951, 31 COMP. GEN. 204

COMPENSATION - INITIAL SALARY RATE - APPOINTEE SERVING IN PRIOR POSITION AS CHRISTMAS TEMPORARY SUBSTITUTE FOR LESS THAN ONE MONTH WHILE AN APPOINTMENT TO A CLASSIFIED POSITION AFTER SEPARATION FROM A PRIOR GOVERNMENT POSITION, EITHER TEMPORARY OR PERMANENT, CLASSIFIED OR UNCLASSIFIED, DOES NOT NECESSARILY REQUIRE THAT THE APPOINTMENT TO THE CLASSIFIED POSITION BE CONSIDERED A NEW APPOINTMENT SO AS TO REQUIRE THE SALARY RATE TO BE LIMITED TO THE MINIMUM RATE OF THE GRADE, SERVICE AS A CHRISTMAS TEMPORARY SUBSTITUTE IN THE POSTAL SERVICE FOR LESS THAN ONE MONTH IS NOT CONSIDERED SUCH SERVICE AS WOULD RENDER A SUBSEQUENT 801 OF THE CLASSIFICATION ACT OF 1949, WHICH REQUIRE ALL NEW APPOINTMENTS TO BE MADE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE.

COMPTROLLER GENERAL WARREN TO JOHN M. LEEBRICK, DEPARTMENT OF COMMERCE, DECEMBER 6, 1951:

REFERENCE IS MADE TO YOUR LETTER OF OCTOBER 10, 1951, REQUESTING DECISION WHETHER YOU MAY CERTIFY FOR PAYMENT, THE VOUCHER THEREWITH TRANSMITTED, PROPOSING PAYMENT OF $105.03, TO JAMES R. WALKER, INVOLVING A RETROACTIVE ADJUSTMENT OF HIS COMPENSATION UNDER THE FOLLOWING CIRCUMSTANCES. APPEARS FROM YOUR SUBMISSION THAT MR. WALKER WAS GIVEN AN INDEFINITE APPOINTMENT JUNE 28, 1951, AS MESSENGER CPC-3 AT $2,252 PER ANNUM. SUBSEQUENTLY, ON SEPTEMBER 24, 1951, NOTIFICATION OF PERSONNEL ACTION WAS RECEIVED WHICH CORRECTED THE ORIGINAL APPOINTMENT TO SHOW THE SALARY AS $2,652 IN LIEU OF $2,252. A REMARK APPEARED ON THE ACTION, AS FOLLOWS: " FORMERLY EMPLOYED IN POST OFFICE DEPARTMENT, $1.265 PER HOUR 12-25-50.' FURTHER CHECK OF HIS PERSONNEL RECORD INDICATES THE PERIOD OF EMPLOYMENT WAS FROM DECEMBER 5 THROUGH DECEMBER 25, 1950.

WHILE YOUR SUBMISSION DOES NOT IDENTIFY THE POSITION HELD BY THIS CLAIMANT IN THE POSTAL SERVICE, APPARENTLY HE WAS EMPLOYED AS A CHRISTMAS TEMPORARY SUBSTITUTE, WITH PAY AT THE GRADE 1 SUBSTITUTE MAIL HANDLER RATE OF $1.265 PER HOUR.

SECTION 801 OF THE CLASSIFICATION ACT OF 1949, 63 STAT. 969, REQUIRES THAT ALL NEW APPOINTMENTS MUST BE MADE AT THE MINIMUM RATE OF THE APPROPRIATE GRADE. IT HAS BEEN HELD THAT AN APPOINTMENT TO A CLASSIFIED POSITION AFTER SEPARATION FROM A PRIOR GOVERNMENT POSITION, EITHER TEMPORARY OR PERMANENT, CLASSIFIED OR UNCLASSIFIED, WOULD NOT NECESSARILY REQUIRE THAT THE APPOINTMENT TO THE CLASSIFIED POSITION BE CONSIDERED SUCH A NEW APPOINTMENT AS TO REQUIRE THE SALARY RATE TO BE LIMITED TO THE MINIMUM RATE OF GRADE. HOWEVER, SERVICE AS A CHRISTMAS TEMPORARY SUBSTITUTE FOR LESS THAN ONE MONTH IS NOT CONSIDERED SUCH SERVICE AS WOULD RENDER A SUBSEQUENT APPOINTMENT TO CPC-3 OTHER THAN A NEW APPOINTMENT WITHIN THE PURVIEW OF SECTION 801 OF THE CLASSIFICATION ACT OF 1949. SEE B-101487, MARCH 14, 1951, 30 C.G. 375.

ACCORDINGLY, YOU ARE NOT AUTHORIZED TO CERTIFY THE VOUCHER--- RETURNED HEREWITH--- FOR PAYMENT.