B-134119, DEC. 10, 1957

B-134119: Dec 10, 1957

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YOU WERE GIVEN A NOTICE OF SUSPENSION FROM DUTY AT THE POST OFFICE DEPARTMENT FOLLOWING A RECOMMENDATION BY THE POST OFFICE DEPARTMENT LOYALTY BOARD THAT SUCH SUSPENSION WAS JUSTIFIED AND WARRANTED. THIS DETERMINATION WAS REVERSED BY THE UNITED STATES CIVIL SERVICE COMMISSION LOYALTY REVIEW BOARD AND YOU WERE RESTORED TO DUTY AND AWARDED BACK PAY IN ACCORDANCE WITH THE ACT OF JUNE 10. THE INITIAL ADMINISTRATIVE REPORT INDICATED THAT YOU WERE CARRIED ON THE ROLLS UNTIL THE CLOSE OF BUSINESS ON MARCH 1. A SUBSEQUENT ADMINISTRATIVE REPORT SHOWS THAT YOU WERE PAID FOR 6 HOURS OF DUTY ON MARCH 1. YOU ARE ENTITLED TO COMPENSATION FOR THE REMAINING 2 HOURS OF MARCH 1. AT THE RATE OF COMPENSATION WHICH YOU WERE RECEIVING ON THE DATE OF SUSPENSION.

B-134119, DEC. 10, 1957

TO MR. LOWERY E. HUEY:

IN YOUR LETTER DATED OCTOBER 7, 1957, YOU REQUEST REVIEW OF OUR SETTLEMENT OF MAY 1, 1957, SO FAR AS IT DISALLOWED COMPENSATION FOR MARCH 1, 1949. ALSO, YOU QUESTION THE ALLEGED DEDUCTION OF YOUR OUTSIDE EARNINGS FOR THE PERIOD FEBRUARY 6 TO 15, 1950.

ON FEBRUARY 28, 1949, YOU WERE GIVEN A NOTICE OF SUSPENSION FROM DUTY AT THE POST OFFICE DEPARTMENT FOLLOWING A RECOMMENDATION BY THE POST OFFICE DEPARTMENT LOYALTY BOARD THAT SUCH SUSPENSION WAS JUSTIFIED AND WARRANTED. SUBSEQUENTLY, THIS DETERMINATION WAS REVERSED BY THE UNITED STATES CIVIL SERVICE COMMISSION LOYALTY REVIEW BOARD AND YOU WERE RESTORED TO DUTY AND AWARDED BACK PAY IN ACCORDANCE WITH THE ACT OF JUNE 10, 1948, 5 U.S.C. 652. THE AWARD OF BACK PAY COVERED THE PERIOD OF YOUR SUSPENSION FROM MARCH 2, 1949, THROUGH FEBRUARY 6, 1950.

YOU SAY THAT YOUR SUSPENSION BECAME EFFECTIVE AT THE CLOSE OF BUSINESS ON FEBRUARY 28, BUT THE INITIAL ADMINISTRATIVE REPORT INDICATED THAT YOU WERE CARRIED ON THE ROLLS UNTIL THE CLOSE OF BUSINESS ON MARCH 1, 1949, IN ORDER TO EXHAUST COMPENSATORY TIME STANDING TO YOUR CREDIT. A SUBSEQUENT ADMINISTRATIVE REPORT SHOWS THAT YOU WERE PAID FOR 6 HOURS OF DUTY ON MARCH 1, 1949, BY CHECK NO. 175006 IN THE NET AMOUNT OF $6.94. THEREFORE, YOU ARE ENTITLED TO COMPENSATION FOR THE REMAINING 2 HOURS OF MARCH 1, 1949, AT THE RATE OF COMPENSATION WHICH YOU WERE RECEIVING ON THE DATE OF SUSPENSION, AND SETTLEMENT WILL ISSUE ACCORDINGLY.

CONCERNING YOUR SECOND QUESTION, THE AMOUNT DEDUCTED AS INTERIM EARNINGS ($751.09) WAS EXACTLY THE AMOUNT WHICH YOU AVERRED IN YOUR AFFIDAVIT OF FEBRUARY 24, 1950, THAT YOU EARNED DURING THE PERIOD OF YOUR SUSPENSION BETWEEN MARCH 1, 1949 AND FEBRUARY 7, 1950. IN THAT REGARD, NO PART OF YOUR EARNINGS FROM THE SOUTHERN PACIFIC RAILROAD COVERING THE PERIOD FEBRUARY 8 THROUGH 15, 1950, WAS DEDUCTED IN OUR SETTLEMENT. ACCORDINGLY, OUR SETTLEMENT IS MODIFIED ONLY TO THE EXTENT REFERRED TO ABOVE.