B-119429, JUN. 13, 1963

B-119429: Jun 13, 1963

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WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY BY THE VICE PRESIDENT OF THE UNITED STATES. ENTERED THE MILITARY SERVICE BEFORE YOUR NAME WAS REACHED FOR APPOINTMENT FROM THE CIVIL SERVICE ELIGIBLE REGISTER. YOU WERE REINSTATED JANUARY 26. SINCE YOU HAD MISSED YOUR APPOINTMENT AT SEATTLE BY REASON OF YOUR MILITARY DUTY IT WAS DETERMINED THAT YOU SHOULD HAVE BEEN ACCORDED THE BENEFITS OF PUBLIC LAW 577 AT THE TIME OF YOUR ORIGINAL APPOINTMENT ON MAY 16. YOUR SALARY AND SENIORITY STANDING AT SEATTLE WAS DETERMINED AND USED TO AMEND THE 1948 APPOINTMENT IN LOS ANGELES. THE SALARY RATE GIVEN UNDER THE 1948 APPOINTMENT WAS CONTINUED UNDER THE DEPARTMENT'S DISCRETIONARY AUTHORITY TO GRANT MORE THAN THE MINIMUM SALARY STEP WHEN A FORMER POSTAL EMPLOYEE IS REEMPLOYED.

B-119429, JUN. 13, 1963

TO MR. ROBERT H. BRUBAKER:

THIS REFERS TO YOUR WESTERN UNION TELEGRAM DATED MAY 4, 1963, WHICH WAS FORWARDED TO OUR OFFICE FOR REPLY BY THE VICE PRESIDENT OF THE UNITED STATES. THE TELEGRAM CONCERNS THE GRANTING OF THE BENEFITS OF PUBLIC LAW 577, 60 STAT. 749, AS AMENDED, TO YOU AS AN EMPLOYEE OF THE POST OFFICE DEPARTMENT.

THE INFORMATION FURNISHED BY THE POST OFFICE DEPARTMENT SHOWS THAT YOU QUALIFIED ON A CLERK-CARRIER EXAMINATION FOR THE SEATTLE, WASHINGTON, POST OFFICE, AND ENTERED THE MILITARY SERVICE BEFORE YOUR NAME WAS REACHED FOR APPOINTMENT FROM THE CIVIL SERVICE ELIGIBLE REGISTER. YOU RECEIVED AN APPOINTMENT AS A SUBSTITUTE CLERK AT THE LOS ANGELES POST OFFICE MAY 16, 1948, AND RESIGNED THE FOLLOWING DAY. YOU WERE REINSTATED JANUARY 26, 1949, AT THE LOS ANGELES POST OFFICE. SINCE YOU HAD MISSED YOUR APPOINTMENT AT SEATTLE BY REASON OF YOUR MILITARY DUTY IT WAS DETERMINED THAT YOU SHOULD HAVE BEEN ACCORDED THE BENEFITS OF PUBLIC LAW 577 AT THE TIME OF YOUR ORIGINAL APPOINTMENT ON MAY 16, 1948, AND YOUR SALARY AND SENIORITY STANDING AT SEATTLE WAS DETERMINED AND USED TO AMEND THE 1948 APPOINTMENT IN LOS ANGELES. THE SALARY RATE GIVEN UNDER THE 1948 APPOINTMENT WAS CONTINUED UNDER THE DEPARTMENT'S DISCRETIONARY AUTHORITY TO GRANT MORE THAN THE MINIMUM SALARY STEP WHEN A FORMER POSTAL EMPLOYEE IS REEMPLOYED.

PUBLIC LAW 577 CONFERS CERTAIN BENEFITS WHEN AN APPOINTMENT IS MISSED BECAUSE OF MILITARY DUTY AND GRANTS RESTORATION OF ELIGIBILITY ON THE REGISTER AT THE PLACE WHERE THE APPOINTMENT WAS MISSED. THE BENEFITS PROVIDED UNDER PUBLIC LAW 577 ARE REGARDED AS BEING AVAILABLE TO AN EMPLOYEE AS A MATTER OF RIGHT ONLY UPON HIS INITIAL PROBATIONARY APPOINTMENT IN THE POSTAL SERVICE, FOLLOWING RELEASE FROM MILITARY SERVICE. WHEN A BENEFICIARY OF PUBLIC LAW 577 TRANSFERS HIS ELIGIBILITY TO ANOTHER POSTAL REGISTER, HE IS GIVEN SALARY BENEFITS ACCORDING TO HIS STANDING ON THE REGISTER FROM WHICH TRANSFERRED, BUT THE SAME IS NOT TRUE OF SENIORITY RIGHTS. THIS IS BECAUSE A POSTAL EMPLOYEE WHO IS TRANSFERRED FROM ONE POST OFFICE TO ANOTHER FORFEITS HIS ACCUMULATED SENIORITY. YOUR SENIORITY BENEFITS AT THE LOS ANGELES POST OFFICE WOULD BE CONSIDERED FROM THE DATE OF YOUR REINSTATEMENT AT THAT PLACE ON JANUARY 26, 1949.

THEREFORE, IT APPEARS THAT YOU RECEIVED THE BENEFITS OF PUBLIC LAW 577 UPON YOUR ORIGINAL APPOINTMENT IN MAY 1948, IN THE POST OFFICE DEPARTMENT.